Last November we completed a house move in Kendal. We have since encountered a number of issues with the house which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Kendal?

It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Kendal. Conveyancing searches and due diligence undertaken during the buying process are supposed to help avoid problems. As part of the process, a seller fills in a form called a SPIF. If the information ends up being misleading, you may have a misrepresentation claim against the owner 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 Kendal.

What does my ID and proof of funds have anything to do with my conveyancing in Kendal? What am I being asked for?

Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to verify the identification documents of the potential client they are dealing with before they can accept their conveyancing retainer. The Terms of Engagement that you need to sign will no doubt confirm this. Your lender will also require certain documents to be checked. Where you refuse to provide identification documents, your lawyer would not be able to accept instructions from you.

Should commercial conveyancing searches reveal proposed roadworks that could affect a commercial estate in Kendal?

Its becoming the norm that commercial conveyancing solicitors in Kendal will order a SiteSolutions Highways report as it reduces the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Kendal. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Kendal.

For every commercial conveyancing transaction in Kendal it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately may result in delays to Kendal commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Kendal.

Just had an offer accepted on a new build flat in Kendal. 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 legal work.

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

There must be mutual enforceability of lessee’s covenants. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. 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.

I've recently bought a leasehold house in Kendal. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I acquired a ground floor flat in Kendal, conveyancing having been completed 3 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in Kendal with a long lease are worth £221,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease ends on 21st October 2095

With only 70 years unexpired the likely cost is going to be between £9,500 and £11,000 as well as professional fees.

The figure above a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.