I require conveyancing for a flat in a fairly new development (five years old) in Hale Barns. The vast majority the flats are already sold. Do I need carry out the conveyancing searches as part of conveyancing in Hale Barns?

Conveyancing Searches are a critical link in the Hale Barns conveyancing process. There are numerous companies conducting Hale Barns conveyancing searches, as well straight from the local authority. These are generally termed personal search companies due to them carrying out, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must secure their information from the local authoritative source.

I had a mortgage agreed in principle with Santander. Hale Barns conveyancing lawyers are appointed. How long does it take for Santander to send the offer to the solicitor?

There is no definitive answer here. Have Santander conducted the valuation? Have you advised Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.

The mortgage over my property is with Lloyds for my property in Hale Barns. Conveyancing was finalised some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Lloyds?

You must advise Lloyds prior to letting out your property as this is likely to be a breach of Lloyds’s mortgage conditions. It may be that Lloyds will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Lloyds directly. You need not do this via a Lloyds conveyancing panel solicitor.

It is unclear whether my bank requires a lease extension. I have called my Hale Barns bank branch on a couple of occasions and was told they are content with the situation and they would lend. My Hale Barns conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend based on their specific requirements. I simply don't know who is right.

As long as the property lawyer is on the mortgage company approved list, she or he must adhere to the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

What can a local search reveal concerning the house I am purchasing in Hale Barns?

Hale Barns conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search organisations such as Searchflow The local search is essential in every Hale Barns conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your new home. The search should provide data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic sections.

Last October I purchased a leasehold house in Hale Barns. Am I liable to pay service charges relating to a period prior to completion of my purchase?

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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

Leasehold Conveyancing in Hale Barns - Sample of Questions you should consider before Purchasing

This information is useful as a) areas can result in problems in the block as the common areas may start to deteriorate where repairs remain unpaid b) if the tenants have an issue with the managing agents you will need to have all the details It would be wise to discover if there are any onerous prohibitions in the lease. For example plenty of leases prohibit pets being allowed in in a block in Hale Barns. If you like the propertyin Hale Barns however your cat can’t live with you then you will be presented with a difficult decision. It would be prudent to find out as much as you can about the company managing the block as they will either make your life much easier or much more difficult. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the upkeep of the communal areas. You should not be shy to ask other people if they are happy with their service. In conclusion, find out the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money.

I pay a maintenance contribution for my appartment in Hale Barns. Due to redundancy and other issues I fell behind with payments. The management company agreed a payment schedule but there remains around £3000 outstanding as of today.

I want to dispose of the property and I am nervous that this can hold me back if I have to settle the arrears first. Do I have to settle before - is this possible?

It would be wise to check with the conveyancing practitioner dealing with your Hale Barns conveyancing but one option might be to arrange for the arrears to be passed to the purchasers. The contractual price due would be adjusted to reflect the amount of debt they assume. They would then deal with the arrears after completion of the purchase.