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Recently asked questions about conveyancing in Garston

Will conveyancers ask for money up-front for conveyancing in Garston?

Where you are retaining lawyers for conveyancing in Garston your solicitor will request that you place them with funds to cover the the cost of the conveyancing searches. This will be the total of the cost of the Local Authority Search. When the down payment is payable against the purchase price then this will be needed immediately ahead of contracts are exchanged. Any further balance that is needed will be payable shortly before completion.

How does conveyancing in Garston differ for newly converted properties?

Most buyers of new build or newly converted property in Garston come to us having been asked by the developer to exchange contracts and commit to the purchase even before the house is completed. This is because developers in Garston usually 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 conveyancing solicitors 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 Garston or who has acted in the same development.

Due to the encouragement of my in-laws I had a survey completed on a house in Garston before appointing conveyancers. I have been informed that there is a flying freehold aspect to the house. Our surveyor has said that some lenders will not give a loan on this type of premises.

It varies from the lender to lender. Santander has different requirements from Nationwide. If you e-mail us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Garston. Conveyancing will be smoother if you use a solicitor in Garston especially if they are accustomed to such properties in Garston.

How does the Landlord & Tenant Act 1954 impact my commercial property in Garston and how can you help?

The particular law that you refer to provides security of tenure to commercial tenants, giving them the legal entitlement to apply to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and help with commercial conveyancing in Garston

Do you have any top tips for leasehold conveyancing in Garston with the intention of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Garston can be reduced if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers’ representatives.
  • Many freeholders or managing agents in Garston charge for supplying management packs for a leasehold home. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Garston. If there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unresolved. If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate is often a time consuming process and frustrates many a Garston home move. If a reissued share certificate is required, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity. If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Garston leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord approving such changes. Where you fail to have the paperwork in place do not communicate with the landlord without contacting your conveyancer in the first instance.

Leasehold Conveyancing in Garston - A selection of Queries before Purchasing

    Is the freehold reversion owned jointly by the leaseholders? It would be wise to find out if there is anything that is prohibited in the lease. For instance it is very common in Garston leases that pets are not permitted in in a block in Garston. If you like the flatin Garston however your dog can’t live with you then you will be faced difficult decision. The prefered form of lease structure is if the freehold interest is owned by the leaseholders. In this scenario the leaseholders enjoy being in charge if their destiny and notwithstanding that a managing agent is usually employed where the building is larger than a house conversion, the managing agent is directed by the tenants.

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Find out more about how flying freehold can affect your the value of a property.