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Recently asked questions about conveyancing in Cowley

I have just started taking steps with a view to changing my current residential mortgage to a Buy to Let Halifax mortgage. The bank has said that I require a solicitor as part of the process. I had a chat my former Cowley conveyancing firm who who completed the conveyancing when I originally purchased the house. The fee calculation e-mailed to me of £575 plus disbursements is an eye-watering amount to do this as I am not require purchase conveyancing - it’s simply a bog-standard refinance.

The estimate does seem a little overpriced. If you are content to expend time comparing prices you may be able to reduce the fees slightly by as much as £125. That being said, assuming were satisfied with the conveyancing the firm gave you maycome to regret choosing an an untested conveyancer. If is important to ensure that the firm can represent Halifax. You can make use of our search tool to select a Cowley conveyancing firm on the Halifax approved list of lawyers, which can often include conveyancing solicitors in Cowley.

I own a renovated Victorian property in Cowley. Conveyancing solicitor represented me and Aldermore. I did a free Land Registry search last week and I saw two entries: one for freehold, another for leasehold under the matching address. I'd like to know for sure, how can I find out??

You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Cowley and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with your conveyancing lawyer who conducted the work.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Cowley. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Cowley

    Please provide evidence that the form of Lease proposed has been approved by the Land Registry. 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. There must be mutual enforceability of lessee’s covenants. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

My brother has suggested that I appoint his conveyancing solicitors in Cowley. Should I find my own property lawyer?

Much as we are happy to recommend a Cowley conveyancing lawyer it’s preferable to select a conveyancing solicitor is to seek guidance from friends or family who have previously instructed the firm you're are thinking of instructing.

I am tempted by the attractive purchase price for a couple of flats in Cowley which have about 50 years left on the leases. Do I need to be concerned?

There are no two ways about it. A leasehold flat in Cowley is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it reduces the value of the property. The majority of buyers and lenders, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises 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 premises 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 Cowley 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. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. 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.

I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Cowley conveyancing firm to assist?

if there is a absentee landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to determine the premium.

An example of a Freehold Enfranchisement matter before the tribunal for a Cowley flat is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case affected 2 flats. The remaining number of years on the lease was 69 years.

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