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Recently asked questions about conveyancing in Rhuddlan

Is there a reason why leasehold purchase conveyancing in Rhuddlan costs more?

In short, leasehold conveyancing in Rhuddlan and elsewhere usually warrants more hours of investigation compared to freehold conveyancing. This includes checking the lease terms, communicating with the landlord concerning serving appropriate notices, securing up-to-date service charge and management information, obtaining the landlord’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – no matter how many different leaseholders have owned the lease since it was first granted.

Various web forums that I have visited warn that are the primary cause of stalling in Rhuddlan house deals. Is this right?

The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not feature amongst the common causes of delays during the legal transfer of property. Local searches are not likely to feature in any slowing down conveyancing in Rhuddlan.

How does conveyancing in Rhuddlan differ for new build properties?

Most buyers of new build residence in Rhuddlan come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the residence is ready to move into. This is because developers in Rhuddlan usually acquire the site, 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 property lawyers 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 Rhuddlan or who has acted in the same development.

Can you provide any advice for leasehold conveyancing in Rhuddlan with the aim of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Rhuddlan can be bypassed where you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers’ lawyers.
  • A minority of Rhuddlan leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers. If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unsettled. If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Arranging a re-issued share certificate is often a time consuming process and frustrates many a Rhuddlan home move. Where a duplicate share is necessary, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

Rhuddlan Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

    On the whole the outlay for major works are not included within service charges, albeit that there some managing agents in Rhuddlan ask leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger works. How many of the leaseholders are in arrears for their service charge payments?

There are plenty of houses in Rhuddlan on private lanes. We are purchasing such a house. What would be the advantages and disadvantages of purchasing a property on a privately owned road?

Rhuddlan conveyancing practices will be well versed in conveyancing houseson unadopted roads. Your conveyancer should review the Land Registry data to find any rights or liabilities. In many cases there is a management company (wholly owned by residents) that residents pay into to maintain the road. If there is one, the road will likely be maintained and look nicer than publicly owned.

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