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Recently asked questions about conveyancing in Mildmay

About to purchase a new build flat in Mildmay. Conveyancing is necessary evil 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 few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Mildmay

    Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please supply a car parking plan.

Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Mildmay is the location of the property. Is there any advice you can impart?

Flying freeholds in Mildmay are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Mildmay you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Mildmay may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

What does commercial conveyancing in Mildmay cover?

Non domestic conveyancing in Mildmay covers a broad array of guidance, supplied by qualified solicitors, relating to business property. For instance, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.

I work for a busy estate agency in Mildmay where we have experienced a few flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Mildmay conveyancing firms. Please can you shed some light as to whether the owner of a flat can start the lease extension process 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

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 buyer.

I acquired a 1st floor flat in Mildmay, conveyancing was carried out 3 years ago. Can you please calculate a probable premium for a statutory lease extension? Similar flats in Mildmay with over 90 years remaining are worth £171,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease ceases on 21st October 2104

With just 79 years unexpired the likely cost is going to span between £7,600 and £8,800 plus legals.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.

I am thinking of instructing a web based lawyer ahead of a Mildmay conveyancing practice. Any advice?

Advantages do exist in being able to attend a local Mildmay conveyancing solicitor for example

  • signing papers on short notice
  • often being able to speak to someone face-to-face can make a huge difference, particularly for more complex house moves
  • the ability to complain if matters go pear-shaped

When checking quotes, look carefully for hidden extras. Most decent Mildmay high street solicitors give an all-inclusive price. Many online agents appear to offer discounted fees, yet have hidden 'extras' in the in the terms and conditions.

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Find out more about how flying freehold can affect your the value of a property.