My conveyancer has identified a a legal deficiency with the lease for the flat we are purchasing in Hinton St George. The other side have offered defective title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer has advised that he must ensure that the mortgage company is content with this solution. Who is the client here, us or the lender?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.

Will my solicitor be making enquiries concerning flooding during the conveyancing in Hinton St George.

Flooding is a growing risk for solicitors carrying out conveyancing in Hinton St George. There are those who purchase a house in Hinton St George, fully aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not qualified to offer advice on flood risk, however there are a various checks that may be undertaken by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Hinton St George. The standard completed inquiry forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the owner to discover if the premises has ever been flooded. In the event that flooding has previously occurred and is not disclosed by the vendor, then a buyer may commence a claim for damages as a result of such an incorrect reply. The purchaser’s solicitors will also order an enviro search. This will disclose if there is a recorded flood risk. If so, more detailed inquiries should be carried out.

How does conveyancing in Hinton St George differ for newly converted properties?

Most buyers of new build premises in Hinton St George contact us having been asked by the developer to exchange contracts and commit to the purchase even before the premises is finished. This is because developers in Hinton St George usually buy 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 conveyancers 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 Hinton St George or who has acted in the same development.

I decided to have a survey done on a house in Hinton St George prior to instructing conveyancers. I have been informed that there is a flying freehold aspect to the property. The surveyor advised that some mortgage companies tend not give a loan on such a house.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Hinton St George. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hinton St George to see if the conveyancing costs will increase in light of this.

Having checked my lease I have discovered that there are only Fifty years left on my flat in Hinton St George. I now want to extend my lease but my landlord is missing. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. On the whole a specialist would be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Hinton St George.

Hinton St George Leasehold Conveyancing - A selection of Queries Prior to buying

Does the lease have onerous restrictions? It is important to be aware whether redecorating or some other significant cost is pending that will be shared between the leaseholders and may well dramatically increase the the service costs or require a specific payment. It would be prudent to find out as much as you can regarding the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to practical issues like the tidiness of the communal areas. Ask other people whether they are happy with their service. Finally, investigate as to the dates that the maintenance fees are due to the relevant party and precisely what it includes.