My wife and I are intent on purchasing property in Shenfield. My property lawyer is not listed on the lender conveyancing panel. Is it possible for me to use my Shenfield conveyancing solicitor even though they are excluded from the lender panel?

One must have a solicitor to complete the formalities if you require a loan to buy your property. They will conduct all the appropriate investigations on the property, ensuring that you will be registered as proprietor and ensure that all the required mortgage paperwork is dealt with. You may instruct a Shenfield conveyancing practitioner of your choice. However, where the conveyancer appointed is not a member of the bank conveyancing panel further costs will be levied as separate legal representation will be required by them. Lender panel applications can be submitted, so if your solicitor has not previously applied for membership they should take the opportunity to apply.

I am planning on selling our home in Shenfield and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A high street Shenfield lawyer would know that there is no such problem. For the life of me I don't know why the purchasers are using a factory type conveyancing outfit rather than a conveyancing solicitor in Shenfield. We have lived in Shenfield for three years we know that this is a non issue. Should we get in touch with our local Authority to obtain confirmation that there is no issue.

It would appear that you have a conveyancing firm already. What do they say? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)

The estate agent has sent us the confirmation of our purchase of a new build flat in Shenfield. 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 conveyancing.

Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Shenfield

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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

In my capacity as executor for the estate of my uncle I am selling a residence in Newport but reside in Shenfield. My conveyancer (approximately 300 kilometers from mehas requested that I execute a statutory declaration before the transaction finalising. Could you suggest a conveyancing lawyer in Shenfield who can attest this legal document for me?

Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will suffice regardless of whether they are based in Shenfield

I am employed by a long established estate agent office in Shenfield where we have witnessed a number of leasehold sales jeopardised as a result of short leases. I have received inconsistent advice from local Shenfield conveyancing firms. Please can you confirm whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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 need not have to sit tight for 2 years to extend their lease. 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 disposal of the property.

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.

Leasehold Conveyancing in Shenfield - A selection of Questions you should consider before buying

Please tell me if there are any major works anticipated that could increase the maintenance costs? You should be aware that where the lease has no more than eighty years it will have adverse implications on the value of the flat. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth discovering what this would cost. Remember, in most cases you would be required to have owned the premises for two years in order to be eligible to extend the lease.