Why do I have to pay up front when it comes to conveyancing in Staffordshire?

If you are buying a property in Staffordshire your solicitor will request that you place them with monies to cover the search fees. Generally this is requested to cover the fees of the conveyancing searches. When the down payment is payable against the purchase price then this should be required immediately prior to exchange of contracts. The closing balance that is needed should be sent to your lawyer a few days prior to the day of completion.

What can a local search inform me about the property my wife and I buying in Staffordshire?

Staffordshire conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search organisations such as Xpress Legal The local search is essential in every Staffordshire conveyancing purchase; that is if you don’t want any unpleasant surprises after you move into your property. The search will supply data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.

About to purchase a new build apartment in Staffordshire. Conveyancing is daunting 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 selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Staffordshire

Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. 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. Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants.

Am I best advised to choose a Staffordshire conveyancing practitioner who is local to the property I am purchasing? An old friend can carry out the legal formalities however her office is approximately 350miles away.

The primary upside of using a local Staffordshire conveyancing practice is that you can drop in to sign documents, hand in your identification documents and pester them where appropriate. They will also have local insight which is a benefit. However it's more important to get someone that will pull out all the stops for you. If other friends have used your friend and on the whole were happy that should surpass using an unfamiliar Staffordshire conveyancing solicitor just because they are based in the area.

Do you have any top tips for leasehold conveyancing in Staffordshire with the aim of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Staffordshire can be bypassed if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers’ representatives.
You may think that you are aware of the number of years left on your lease but it would be wise to double-check by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is less than 75 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Organising a new share certificate is often a time consuming formality and delays many a Staffordshire conveyancing transaction. If a duplicate share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this sooner rather than later. If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you laid down wooden flooring? Staffordshire leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such alterations. If you fail to have the approvals in place do not contact the landlord without checking with your solicitor in the first instance. If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve 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 details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unsettled.

Leasehold Conveyancing in Staffordshire - Sample of Queries Prior to Purchasing

The best form of lease arrangement is a share of the freehold. In this situation the leaseholders enjoy control and even though a managing agent is often retained if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Most Staffordshire leasehold flats will be liable to pay a service charge for maintenance of the building invoiced on behalf of the freeholder. If you purchase the apartment you will have to pay this charge, usually quarterly throughout the year. This may vary from a few hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay yearly, ordinarily this is not a large figure, say approximately £25-£75 but you need to check as occasionally it could be prohibitively expensive. What prohibitions are contained in the Staffordshire Lease?