I am helping my aunt sell her flat in Torrington. Does the conveyancing solicitor commission an energy assessment or should I organise this?

Following the demise of Home Packs, energy assessments was kept a required component of moving property. An energy performance certificate must be to hand before the property is put on the market. It is not something that solicitors ordinarily organise. If you are instructing a Torrington conveyancing practitioner they might help arrange EPC’s due to their contacts with reputable Torrington providers

I just bought a house at auction in Torrington. Conveyancing is needed. What happens now?

Given that you have now to all intents and purposes signed on the dotted line you will need to choose a conveyancing practitioner as a matter of urgency as you are faced with a fast approaching a drop dead date to complete the purchase. Every auction property will have a corresponding auction pack. This will likely include most,if not all of the documents that your lawyer requires. In the case of leasehold property the conveyancing pack should provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to leasehold premises. You should pass this on to the conveyancer working for you as soon as possible. Do make sure that your finances are in place to complete the transaction on the set completion date.

We have a mortgage agreed in principle with Leeds Building Society. Torrington conveyancing solicitors were selected. How long does it take for Leeds Building Society to issue the offer to the solicitor?

Some lenders take longer than others. Have Leeds Building Society completed the valuation? Have you advised Leeds Building Society as to your lawyers' details and checked that your lawyers are on the Leeds Building Society conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.

What can a local search tell me regarding the property we're buying in Torrington?

Torrington conveyancing often commences with the ordering local authority searches directly from your local Authority or via a personal search company for instance Xpress Legal The local search is essential in every Torrington conveyancing purchase; as long as you wish to avoid any unpleasant once you have moved into your property. The search will provide data on, amongst other things, details on planning applications applicable to the premises (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 13 subject areas.

I am buying a new build flat in Torrington. 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 Torrington

Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are architect prepared.

I have been on the look out for a flat up to £195,000 and found one close by in Torrington I like with open areas and station in the vicinity, however it only has 49 remaining years left on the lease. I can't really find anything else in Torrington suitable, so just wondered if I would be making a mistake buying a lease with such few years left?

Should you need a mortgage the shortness of the lease will likely be an issue. Discount the offer by the expected lease extension will cost if not already taken into account. If the current owner has owned the property for at least 2 years you can request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this.

I am employed by a busy estate agency in Torrington where we have experienced a number of leasehold sales put at risk due to short leases. I have been given conflicting advice from local Torrington conveyancing solicitors. Could you confirm whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

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. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 Torrington - Examples of Questions you should ask before buying

Please tell me if there are any major works in the planning that could add a premium to the maintenance charges? What restrictions are contained in the Torrington Lease? The best form of lease arrangement is a share of the freehold. In this scenario the lessees benefit from being in charge if their destiny and although a managing agent is frequently retained where the building is larger than a house conversion, the managing agent is directed by the tenants.