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Recently asked questions about conveyancing in Wolston

As a novice what is the most important number one tip you can give me regarding purchase conveyancing in Wolston?

You may not hear this from too many lawyers but conveyancing in Wolston and elsewhere in Warwickshire is often a confrontational process. In other words, when it comes to conveyancing there exists an abundance of opportunity for conflict between you and other parties involved in the ownership transfer. E.g., the vendor, property agent and on occasion a mortgage company. Selecting a solicitor for your conveyancing in Wolston is a critical decision as your conveyancer is your adviser, and is the SOLE person in the transaction whose role it is to act in your legal interests and to protect you.

There is a definite ongoing adversarial element to conveyancing- someone has to be blamed for the process being so protracted. We recommend that you your first instinct should be to trust your lawyer ahead of all other parties when it comes to the legal transfer of property.

What will a local search tell me regarding the house we're purchasing in Wolston?

Wolston conveyancing often starts with the applying for local authority searches directly from your local Authority or via a personal search organisations for example Onsearch The local search is essential in every Wolston conveyancing purchase; that is if you don’t want any unpleasant surprises after you move into your new home. The search will supply data on, amongst other things, details on planning applications applicable 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 13 subject sections.

Just had an offer accepted on a new build flat in Wolston. Conveyancing is a frightening process 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 is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Wolston

    There must be mutual enforceability of lessee’s covenants. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Forfeiture - bankruptcy or liquidation must not apply under this provision.

In what way does the Landlord & Tenant Act 1954 impact my business offices in Wolston and how can your lawyers assist?

The 1954 Act affords protection to business tenants, granting the a statutory right to make a request to court for a renewal lease and continue in occupation at the end of the lease term. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Wolston is one of our hundreds of areas of the UK in which our lawyers are located

Can you provide any advice for leasehold conveyancing in Wolston from the point of view of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Wolston can be reduced if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the buyers’ representatives.
  • Many landlords or managing agents in Wolston charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Wolston. A minority of Wolston leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Wolston state that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord consenting to such works. If you dont have the approvals to hand you should not contact the landlord without contacting your conveyancer in the first instance. If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a flat where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as historic rather than ongoing.

Wolston Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

    What restrictions are contained in the Wolston Lease? Are any of leasehold owners in dispute over their service charge liability? It would be a good idea to enquire if there are any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Wolston. If you love the apartmentin Wolston yet your cat is not allowed to make the move with you then you will be presented with a difficult choice.

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