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Recently asked questions about conveyancing in Halstead

We are about to exchange contracts for a garden flat in Halstead. We encountered a stumbling block. The mortgage offer with The Mortgage Works runs out on 4/4/2019 but the vendors are putting forward a completion date of 8/4/2019. Can one prolong the loan offer?

The best person to deal with your concern is your solicitors who will hopefully calculate whether they should be discussing with the bank, owner’s representatives, selling agents or possibly all parties given the circumstances your transaction as of today.

I purchased a freehold residence in Halstead but still charged rent, why is this and what is this?

It is rare for properties in Halstead and has limited impact for conveyancing in Halstead but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.

The estate agent has sent us the confirmation of our purchase of a new build flat in Halstead. Conveyancing is daunting 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.

Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Halstead

    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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.

We're novice buyers - agreed a price, yet the agent informed us that the owners will only issue a contract if we instruct the agent's preferred lawyers as they are insisting on a ‘quick sale’. My instinct tells me that we should use a high street conveyancer with experience of conveyancing in Halstead

It is highly unlikely the sellers are behind this. If they want ‘a quick sale', alienating a genuine buyer is not the way to achieve this. Bypass the agents and go straight to the owners and explain that (a)you are keen to buy (b)you are ready to go, with finances in place © you do not need to sell (d) you wish to move quickly (e)however you will continue to instruct your own,trusted Halstead conveyancing firm - not the ones that will give their estate agent a commission or hit his conveyancing targets pre-set by senior management.

I've found a house that appears to be perfect, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Halstead. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?

Most houses in Halstead are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Halstead so you should seriously consider shopping around for a Halstead conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor should advise you fully on all the issues.

Leasehold Conveyancing in Halstead - Sample of Queries Prior to Purchasing

    You will want to find out as much as possible regarding the company managing the block as they can either make your living at the property much simpler or much more difficult. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to day to day issues like the cleanliness of the common parts. Don't be shy to ask other tenants what they think of their management. Finally, be sure you discover the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. Please note if it is less than eighty years it will impact the salability of the property. It is worth checking with your bank that they are willing to go ahead with the loan given the lease term. A short lease means that you will probably have to extend the lease sooner rather than later and it is worth finding out how much this will be. For most Halsteadlease extensions you would be be obliged to have been the owner of the premises for 24 months before you are eligible to exercise a lease extension. The majority of Halstead leasehold apartments will incur a service charge for maintenance of the building invoiced by the freeholder. If you acquire the property you will have to pay this charge, normally periodically throughout the year. This can vary from a few hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge to be met annual, this is usually not a significant sum, say about £25-£75 but you should to check as occasionally it could be surprisingly expensive.

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