I require conveyancing for a flat in a relatively new development (seven years old) in Brynford. 95% of the appartments are already occupied. Do I need carry out the neighbourhood searches as part of conveyancing in Brynford?

If you are acquiring a property with the assistance of a loan, your bank will need some (many) of the searches so you'll have no choice. If not, then Brynford conveyancing searches are for you to decide upon. Your lawyer, will 'advise', perhaps strongly, that you should not go ahead without searches, but he or she has a professional duty to do this. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you choose to instruct your lawyer to proceed without searches then your lawyer will have to follow your instructions or you will need to change to an alternative solicitor for your conveyancing in Brynford.

Having spent time researching online forums for a conveyancing solicitor in Brynford, many say that I should use a CQS kitemarked lawyer. What is CQS?

The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in home moving process, trusted by some of the UK's leading banks. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). CQS is not a scheme offered by the Council of Licensed Conveyancing. Brynford is one of the many areas of the UK where there are CQS lawyers.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Brynford. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Brynford

Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.

My husband and I are FTB’s - had an offer accepted, but the selling agent told us that the vendor will only issue a contract if we use the agent's recommended solicitors as they need an ‘expedited deal’. Our preferred option is to instruct a high street solicitor who is familiar with conveyancing in Brynford

We suspect that the seller is unaware of this request. If they desire ‘a quick sale', alienating a genuine buyer is not the way to achieve this. Speak to the vendors direct and make the point that (a)you are motivated buyers (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)however you are going to appoint your preferred Brynford conveyancing solicitors - rather thanthose that will provide their negotiator at the agency a introducer fee or achieve conveyancing figures demanded by corporate headquarters.

I am tempted by the attractive purchase price for a couple of apartments in Brynford both have in the region of 50 years left on the lease term. Will this present a problem?

There is no doubt about it. A leasehold apartment in Brynford is a wasting asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it reduces the value of the premises. The majority of buyers and banks, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Brynford conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Brynford Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

Does this lease have in excess of 85 years remaining? It would be wise to discover if there are any onerous restrictions in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Brynford. If you like the propertyin Brynford but your cat can’t move with you then you have a very difficult compromise.