My husband and I intend to remortgage our flat in Tynemouth with . We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the conveyancing panel as he never had to sign this form when we purchased 4 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 . This is solely used to protect 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 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.

Should my solicitor be making enquiries about flooding during the conveyancing in Tynemouth.

Flooding is a growing risk for conveyancers dealing with homes in Tynemouth. Some people will acquire a house in Tynemouth, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to offer advice on flood risk, but there are a various searches that can be initiated by the purchaser or by their conveyancers which can give them a better appreciation of the risks in Tynemouth. The conventional set of property information forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the seller to determine whether the property has historically flooded. In the event that the premises has been flooded in past and is not notified by the vendor, then a buyer may commence a legal claim for losses resulting from an inaccurate response. A buyer’s conveyancers may also conduct an environmental search. This should disclose whether there is a recorded flood risk. If so, additional investigations will need to be made.

Due to the guidance of my in-laws I had a survey completed on a house in Tynemouth before appointing lawyers. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some lenders may refuse to give a loan on such a premises.

It varies from the lender to lender. HSBC has different requirements for example to Birmingham Midshires. If you call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Tynemouth. Conveyancing may be slightly more expensive based on your lender's requirements.

We're new on the property ladder - agreed a price, but the estate agent has warned us that the vendor will only proceed if we use their recommended lawyers as they need an ‘expedited deal’. We would rather use a local conveyancer used to conveyancing in Tynemouth

We suspect that the owner is unaware of this request. Should the seller want ‘a quick sale', alienating a serious buyer is going to damage their objectives. Bypass the agents and go straight to the owners and make sure they understand (a)you are genuine buyers (b)you are ready to go, with mortgage lined up © you do not need to sell (d) you wish to move quickly (e)however you are going to appoint your preferred Tynemouth conveyancing lawyers - rather thanthose that will give the estate agent a referral fee or achieve conveyancing figures pre-set by HQ.

I only have 62 years left on my lease in Tynemouth. I need to extend my lease but my freeholder is missing. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the lessor. In some cases a specialist should be useful to try and locate and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Tynemouth.

Tynemouth Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

What is the name of the managing agents? It would be sensible to discover if the the lease includes any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Tynemouth. If you like the propertyin Tynemouth however your dog can’t make the move with you then you will be presented with a difficult determination. It is important to be aware if redecorating or some other major work is coming up to be shared amongst the tenants and could well dramatically increase the the maintenance charges or result in a one off invoice.