How does conveyancing in Collier Row differ for new build properties?

Most buyers of new build property in Collier Row come to us having been asked by the seller to sign contracts and commit to the purchase even before the house is completed. This is because new home sellers in Collier Row typically purchase the land, 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 conveyancers 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 used to new build conveyancing in Collier Row or who has acted in the same development.

I decided to have a survey completed on a property in Collier Row in advance of instructing conveyancers. I have been told that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies will not issue a mortgage on a flying freehold home.

It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Collier Row. Conveyancing will be smoother if you use a solicitor in Collier Row especially if they are familiar with such properties in Collier Row.

In what way can the Landlord & Tenant Act 1954 impact my commercial property in Collier Row and how can your lawyers assist?

The particular law that you refer to gives a safeguard to business leaseholders, granting the a statutory right to make a request to court for a renewal tenancy and remain in occupation when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Collier Row is one of our numerous areas of the UK in which our lawyers are based

I've recently bought a leasehold flat in Collier Row. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Collier Row conveyancing firm to represent me?

in cases where there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the amount due.

An example of a Lease Extension matter before the tribunal for a Collier Row property is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The unexpired term was 57.5 years.

I bought a flat in Collier Row last 24/1/2025 and to date it is still not recorded with HMLR. It is part of a development site and my solicitor told me that it can take twelve months to register. I have contacted HM Land Registry directly and they say that the initial application was cancelled due to questions not being addressed in time. Should I be concerned?

It is your conveyancer that you really need to turn to here in order to satisfy any issues which have been raised as part of the registration formalities for your Collier Row property. Normal Collier Row conveyancing practice includes an undertaking on the part of the previous owner’s lawyer that they will help resolve any question raised by HMLR so it may be a case of taking action to enforce that undertaking if necessary.