Should our lawyer be raising questions concerning flooding as part of the conveyancing in Hertfordshire.

The risk of flooding is if increasing concern for lawyers dealing with homes in Hertfordshire. Some people will acquire a property in Hertfordshire, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.

Lawyers are not best placed to offer advice on flood risk, but there are a numerous checks that may be undertaken by the buyer or by their solicitors which can give them a better appreciation of the risks in Hertfordshire. The standard property information forms given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the seller to find out if the property has suffered from flooding. In the event that flooding has previously occurred and is not notified by the owner, then a purchaser could bring a compensation claim as a result of such an inaccurate answer. The buyer’s conveyancers may also order an environmental report. This should disclose whether there is any known flood risk. If so, more detailed investigations will need to be conducted.

I have been on the look out for a leasehold apartment up to £235,500 and identified one close by in Hertfordshire I like with open areas and transport links in the vicinity, however it only has 49 years on the lease. There is not much else in Hertfordshire in this price bracket, so just wondered if I would be making a grave error buying a lease with such few years left?

Should you need a home loan the remaining unexpired lease term may be problematic. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for a minimum of twenty four months you may request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.

I'm remortgaging my current house to a buy to let mortgage with Halifax and I will use the ballance of the raised equity as a deposit on a second property. The neighborhood we are interested in is Hertfordshire. Will your lawyers be able to act for the two banks and tie in the transactions?

Make use of our search tool on this page to check that the conveyancers are approved by both mortgage companies. On the basis that they are the conveyancer will be able to connect the two transactions but you should talk with you conveyancer and communicate your expectations and requirements.

I own a leasehold flat in Hertfordshire. Conveyancing and Britannia mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Hertfordshire who previously acted has long since retired. What should I do?

The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Hertfordshire conveyancing lawyer to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Hertfordshire Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

How much is the ground rent and service charge? It is important to be aware whether a new roof is being installed or some other significant cost is pending that will be shared by the leaseholders and could well dramatically increase the the service costs or necessitate a one time payment. The answer will be important as a) areas may cause problems for the block as the common areas may begin to deteriorate where services are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to have complete disclosure

Should I stop the direct debit for my mortgage with Coventry BS as soon as a completion date for my sale in Hertfordshire has been agreed?

You would be well advised to maintain meeting any mortgage payments to Coventry BS until the mortgage is redeemed from the proceeds of sale as part of your Hertfordshire conveyancing.