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Recently asked questions about conveyancing in Wilford

My brother and I have lately bought a property in Wilford. We have since encountered a number of problems with the property which we suspect were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Wilford?

It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Wilford. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor completes a questionnaire called a Seller’s Property Information Form. If the information is misleading, you could possibly take legal action against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Wilford.

Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Wilford?

There are many recorded licenced Conveyancers in Wilford and Solicitor practices in Wilford who can assist with your conveyancing It is important to make clear that both are regulated professionals specialising in the legal work in transferring property. They may both also handle other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.

I am assisting my niece sell her property in Wilford. Does the solicitor arrange an EPC or it is for me to coordinate?

Following the demise of Home Packs, EPC’s was maintained a compulsory part of selling a property. An EPC must be to hand in advance of the property being marketed. This is not as aspect of the sale process that solicitors ordinarily organise. If you are instructing a Wilford conveyancing practitioner they may be willing to arrange EPC’s given their contacts with long established local energy assessors

I currently have a mortgage with Nottingham for my property in Wilford. Conveyancing has been completed 12 months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nottingham?

Your original mortgage agreement with Nottingham will provide that you need their approval prior to renting your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel firm.

I am selling our property in Wilford and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. A high street Wilford lawyer would know that there is no such problem. It does beg the question why the buyers instructed an internet conveyancing practice as opposed to a conveyancing solicitor in Wilford. We have lived in Wilford for six years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to get confirmation that there is no issue.

It sounds as though you may have a conveyancing solicitor currently acting for you. Are they able to advise? You must 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 life insurance to cover that same illness)

I am buying a new build apartment in Wilford. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Wilford

    Forfeiture - bankruptcy or liquidation must not apply under this provision. 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 Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please supply a car parking plan.

I am looking at a couple of flats in Wilford which have in the region of fifty years remaining on the leases. Should I regard a short lease as a deal breaker?

There is no doubt about it. A leasehold flat in Wilford is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it reduces the salability of the premises. For most purchasers and mortgage companies, leases with under eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Wilford conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Leasehold Conveyancing in Wilford - Examples of Queries before Purchasing

    Is anyone aware of any major works on the horizon that will increase the maintenance fees? If a Wilford lease has less than 80 years it will impact the salability of the apartment. It is worth checking with your mortgage company that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will almost definitely need a lease extension at some point and you need to have some idea of what this would cost. For most Wilfordlease extensions you would be required to have owned the premises for 24 months in order to be legally able to carry out a lease extension. Best to be warned whether changing the roof or some other significant cost is anticipated to be shared by the leaseholders and could well dramatically increase the the maintenance fees or result in a one time payment.

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