Last November we completed a house move in Horley. We have since encountered a number of issues with the house which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Horley?

The query is not clear as what problems have arisen and if they are unique to conveyancing in Horley. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller completes a questionnaire called a Seller’s Property Information Form. If the information proves to be incorrect, you may have a misrepresentation claim against the vendor 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 Horley.

My wife and I buying a 4 bedroom semi-detached house in Horley. Our aim is to convert the garage to a playroom at the property.Will legal investigations on the property include investigations to ascertain if these works are allowed?

Your conveyancer will review the registered title as conveyancing in Horley can sometimes identify restrictions in the title documents which prohibit certain alterations or require the permission of a 3rd party. Certain additions need local authority planning consent and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be prudent to check these things with a surveyor prior to committing yourself to a purchase.

We had chosen solicitors located in Horley on the Lloyds solicitor panel. They are now charging me a further sum for handling the Lloyds mortgage. Is this an additional conveyancing fee set by Lloyds?

Provided it is contained in their Terms of Engagement or estimate then yes your conveyancing practitioner may charge a fee for this. This fee is not set by Lloyds but by your Horley property lawyer. Some firms on the Lloyds panel will levy an ‘acting for lender’ fee and others do not.

I currently have a mortgage with TSB for my property in Horley. Conveyancing was finalised some time ago. In the event that I decide 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 TSB?

You must advise TSB prior to renting your property as this is likely to be a breach of TSB’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 TSB directly. It should not be necessary to do this via a TSB conveyancing panel solicitor.

I have justbecome aware that Arc property Solicitors have closed. They conducted my conveyancing in Horley for a purchase of a leasehold apartment 12 months ago. How can I establish that my home is registered correctly in the name of the previous owner?

The quickest way to check if the property is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Horley conveyancing specialists.

I own a leasehold flat in Horley. Conveyancing and Britannia mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Horley who previously acted has long since retired. What should I do?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Horley conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Horley Conveyancing for Leasehold Flats - Sample of Queries before buying

For most Horley leaseholds the cost for major works are not included within service charges, although there some managing agents in Horley require leaseholders to contribute towards a sinking fund and this is used to offset against major works. How many of the leaseholders are in arrears for their service charge payments?

I have finally had an offer on an flat in Horley agreed to, but there is a chain. The current proprietors have offered on somewhere, although it’s not yet tied up, and has viewings of other properties in the pipeline. I have selected a nearby conveyancing solicitor in Horley. What do I do now? When should I get the mortgage application with Yorkshire BS started with Yorkshire BS?

It is usual to have concerns where there is a chain given your reluctance to incur expenses too early (home loan application is approx one thousand pounds, then survey, Horley conveyancing search charges, etc). The first thing to do is check that your conveyancing practitioner is on the Yorkshire BS approved list. Regarding the subsequent steps this very much depends on the uniqueness of your case, desire for this property and on the state of the market. In a hot market some buyers will apply for the mortgage with Yorkshire BS and pay for the valuation and only if it comes back ok would they pay their lawyer to move forward with the conveyancing in Horley.