My husband and I intend to remortgage our maisonette in Tonyrefail with RBS. We have a son 19 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have two concerns (1) Is this form unique to the RBS conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) Does our son by signing this compromise his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to RBS. This is solely used to protect RBS if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of RBS had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Can you explain why leasehold purchase conveyancing in Tonyrefail is more expensive?
The conveyancing charges on a leasehold property in Tonyrefail is inevitably greater as compared to a freehold residence. This is due to the extra work necessary in corresponding with the landlord and management company to collate the evidence concerning whether the rent and maintenance charges have been paid and whether there are any major works due in the foreseeable future on repairs or maintenance of the building.
Just had an offer accepted on a new build apartment in Tonyrefail. 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.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Tonyrefail
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. 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. There must be mutual enforceability of lessee’s covenants.
I'm refinancing my primary home to a buy to let loan with Bank of Scotland and intend to use the remaining equity towards a second house. The area we are talking about is Tonyrefail. Will your solicitors be able to act for the two banks and link together the transactions?
Do use our comparison tool on this site to be sure that the solicitors are on the relevant lender panels. Assuming that they are your lawyer will be able to simultaneously deal with the two conveyancing matters but you should have a chat with you lawyer and make apparent your desired outcome and needs.
I have just started marketing my basement flat in Tonyrefail. Conveyancing solicitors are to be appointed soon, but I have recently received a yearly maintenance charge demand – Do I pay up?
The sensible thing to do is discharge the maintenance contribution as you normally would because all ground rent and maintenance invoices should be apportioned on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Tonyrefail Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
Are any of leasehold owners in arrears of their service charge payments? Are there any major works in the planning that will add a premium to the maintenance costs? Best to be warned whether a new roof is being put on or some other significant cost is due in the near future that will be shared between the tenants and will dramatically increase the the service fees or necessitate a one time payment.