We're in Melksham, First timers buying with a mortgage (lender is Coventry BS , and our lawyer is on the Coventry BS conveyancing panel). How long should the conveyancing process take?

The fact that your lawyer is on the Coventry BS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancing practitioner should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.

The estate agent has sent us the confirmation of our purchase of a new build flat in Melksham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Melksham

Please confirm the Lease plans are architect prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please provide evidence that the form of Lease proposed has been approved by the Land Registry.

Due to the guidance of my in-laws I had a survey completed on a house in Melksham before retaining conveyancers. I have been advised that there is a flying freehold element to the property. My surveyor advised that some mortgage companies may refuse to grant a loan on this type of home.

It varies from the lender to lender. Lloyds has different requirements from Halifax. Should you wish to call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Melksham. Conveyancing may be slightly more expensive based on your lender's requirements.

I work for a busy estate agency in Melksham where we see a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given contradictory information from local Melksham conveyancing firms. Can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

I acquired a leasehold flat in Melksham, conveyancing was carried out in 2004. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in Melksham with a long lease are worth £176,000. The ground rent is £50 yearly. The lease runs out on 21st October 2105

With only 80 years remaining on your lease the likely cost is going to range between £8,600 and £9,800 as well as legals.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.

A conveyancing firm acted on my conveyancing in Melksham half a dozen years past and was holding my registration documents but has since been shut down – What steps do I now take to get hold of them?

Deeds, as such, no longer exist as most homes in Melksham are recorded digitally at Land Registry. If you need to prove ownership or are disposing of or refinancing your property lawyer can obtain up to date copies of the register from the Land Registry in any case.

If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.