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Recently asked questions about conveyancing in Paignton

Why is leasehold purchase conveyancing in Paignton is more expensive?

The conveyancing fees for a leasehold premises in Paignton is inevitably higher as compared to a freehold residence. This is because there is an amount of additional work required in communicating with the landlord and management company to collate the information about whether the rent and maintenance charges have been discharged and whether there are any significant expenditure in the foreseeable future on repairs or maintenance of the block.

Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a simple, chain free conveyancing. Paignton is the location of the property. What do you suggest?

Flying freeholds in Paignton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Paignton you would need to get your solicitor to go 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 Paignton may determine 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 property.

I am a sole trader looking to take an assignment of a lease of a shop on a shopping parade. Can you recommend lawyers offering no-move-no fees for non-domestic conveyancing in Paignton for under 1500k?

We are happy to recommend firms who have an in-depth of experience of commercial conveyancing in Paignton, including the sale and acquisition of businesses as well as simply property. If you are hoping to buy or sell a shop, pub, restaurant, office, retail unit or a complete business we can find you the right firm. Regarding the costs these will vary based on the structure and terms of the deal. Let us have your contact information or telephone so as to enable us to furnish you with a detailed commercial conveyancing quote.

I am a negotiator for a long established estate agency in Paignton where we have experienced a number of flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Paignton conveyancing solicitors. Could you clarify whether the owner of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Paignton Leasehold Conveyancing - A selection of Queries before buying

    On the whole the cost for major works tend not to be included within maintenance charges, albeit that a few managing agents in Paignton ask leaseholders to pay into a reserve fund created for the specific intention of building a fund for larger repairs or maintenance. The answer will be useful as a) areas may result in problems for the building as the common areas may start to deteriorate where repairs are not paid for b) if the tenants have a dispute with the running of the building you will wish to know about it

I today found out that one of the partners of the law firm handling the purchase conveyancing in Paignton is a relative of the owners that we are purchasing from. Is this allowed?

Provided no conflict arises this is permitted. Where you are needing a mortgage then the mortgage company may have a say as many banks have specific instructions concerning this. For example for Barclays plc as of 19/7/2024, the requirements read as follows :

1.15- May your firm act if the person dealing with the transaction or a member of his immediate family is the borrower?

Yes, in the circumstances stated in 1.15 of Part 1 of the Handbook provided there is no conflict of interest.

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