I am hoping to receive a mortgage offer from Santander. I would like to retain the legal services of a Licensed Conveyancer in Maidenhead. Does the Santander Conveyancing panel exclude conveyancers regulated by the CLC?

The Santander approved solicitor list is, like many other lenders, associated to the Council or Mortgage Lenders or Building Society Association, open to Licensed Conveyancers regulated by the CLC.

Why is leasehold purchase conveyancing in Maidenhead costs more?

Maidenhead leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.

Will my lawyer be raising questions concerning flooding as part of the conveyancing in Maidenhead.

Flooding is a growing risk for solicitors dealing with homes in Maidenhead. There are those who purchase a house in Maidenhead, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to impart advice on flood risk, however there are a various checks that can be undertaken by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Maidenhead. The standard property information forms given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the seller to discover whether the property has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the owner, then a purchaser may commence a legal claim for losses stemming from an incorrect response. The buyer’s solicitors will also carry out an environmental search. This should higlight if there is any known flood risk. If so, further investigations should be initiated.

I've recently bought a leasehold flat in Maidenhead. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner 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. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

Maidenhead Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing

Are any of leasehold owners in arrears of their service charge liability? This information is important as a) areas could cause problems for the block as the common areas may start to deteriorate where services remain unpaid b) if the leasehold owners have a dispute with the managing agents you will want to know about it What prohibitions are there in the Maidenhead Lease?

My conveyancers in Maidenhead have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with the bank. Is it case that being on the bank conveyancing panel they need to have retained the file for a number of years?

It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the lender Conveyancing Panel Terms. It might be worth you contacting the bank directly.