Recently been in touch with my conveyancing lawyer in Chester who conducted the legals 18 months ago requesting a conveyancing costs illustration based on the same type of house move (a leasehold property and a freehold premises) of similar values with a loan from The Mortgage Works. It looks as though am now being quoted double. Better the devil I know or should I seek out a cheaper internet firm of conveyancing solicitor?

The estimate does seem a little steep. If you are happy to spend time comparing charges you could decrease the fees slightly by say £100 plus VAT. On the other hand, providing that you were content with the legal work the firm provided you mightlive to regret opting for an an unknown solicitor. Don't forget to check that the solicitor can represent The Mortgage Works. Do make use of our search tool to get a quote a Chester conveyancing firm on the The Mortgage Works approved list of lawyers, which can often include conveyancing solicitors in Chester.

My uncle passed away last year and as sole heir and executor I was left the property in Chester. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this possible?

If you intend to refinance then HSBC will insist on your using a conveyancer on the HSBC conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your HSBC conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the HSBC mortgage is registered as a charge at the Land Registry.

Will our lawyer be making enquiries concerning flooding during the conveyancing in Chester.

The risk of flooding is if increasing concern for solicitors dealing with homes in Chester. There are those who acquire a house in Chester, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to give advice on flood risk, however there are a various checks that may be carried out by the purchaser or by their lawyers which will figure out the risks in Chester. The conventional set of completed inquiry forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the owner to determine if the property has suffered from flooding. In the event that the residence has been flooded in past and is not notified by the seller, then a buyer could issue a claim for damages resulting from an incorrect response. A buyer’s conveyancers may also conduct an enviro report. This will reveal if there is a recorded flood risk. If so, further inquiries should be conducted.

How does the Landlord & Tenant Act 1954 affect my business property in Chester and how can you help?

The particular law that you refer to provides a safeguard to commercial lessees, granting the a statutory right to apply to court for a new tenancy and remain in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Chester is one of our many locations in which the firms we work with are located

All being well we will complete our sale of a £175,000 apartment in Chester on Thursday in a week. The managing agents has quoted £312 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Chester?

Chester conveyancing on leasehold flats typically involves fees being invoiced by managing agents :

Addressing pre-contract enquiries Where consent is required before sale in Chester Copies of the building insurance and schedule Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Chester leasehold property is £350. For Chester conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

Leasehold Conveyancing in Chester - Sample of Questions you should ask before buying

Many Chester leasehold flats will be liable to pay a service bill for the upkeep of the block levied on behalf of the management company. If you acquire the property you will have to pay this amount, normally quarterly during the year. This can be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a ground rent for you to pay annual, normally this is not a significant sum, say approximately £25-£75 but you need to enquire it because on occasion it could be prohibitively expensive. How is the lease structured?