Please explain the implications if my lawyer’s firm is suspended from the Skipton Conveyancing panel ahead of completing my conveyancing in Cheltenham?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
How does conveyancing in Cheltenham differ for new build properties?
Most buyers of new build or newly converted property in Cheltenham come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is built. This is because builders in Cheltenham usually acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Cheltenham or who has acted in the same development.
I have been on the look out for a leasehold apartment up to £305k and found one round the corner in Cheltenham I like with a park and railway links in the vicinity, however it only has 61 remaining years left on the lease. There is not much else in Cheltenham in this price bracket, so just wondered if I would be making a mistake purchasing a short lease?
Should you need a mortgage that many years will be problematic. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for a minimum of 2 years you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor regarding this matter.
Having checked my lease I have discovered that there are only Fifty years remaining on my lease in Cheltenham. I now wish to extend my lease but my landlord is missing. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to find the landlord. In some cases a specialist would be useful to conduct investigations and prepare a report which can be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Cheltenham.
I inherited a split level flat in Cheltenham, conveyancing having been completed June 2005. Can you let me have an estimated range of the fair premium for a lease extension? Similar flats in Cheltenham with over 90 years remaining are worth £180,000. The ground rent is £65 levied per year. The lease finishes on 21st October 2077
You have 58 years unexpired the likely cost is going to range between £21,900 and £25,200 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.
I am an executor of my recently deceased aunt’s Will, with a house in Cheltenham which is to be sold. The house is unregistered at the Land Registry and I'm advised that many buyers solicitors will insist that it is done before they'll proceed. What's the procedure for this?
In the circumstances that you have set out it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.