I have given 2 months notice to my existing landlord and have to vacate my let out property in Middleton by the end of next month. Conveyancing on my purchase is underway. Can I complete in 4 weeks as I wish to avoid having to find short term accommodation?

Generally one should not provide notice for your lease unless your lawyer suggests that you should. If you have not already done so, update to your lawyer and ask them to they apply pressure on the owners solicitors, try to get a realistic time scale from them that everyone will look to achieve

There are numerous conveyancing solicitors in Middleton but how do I know who's good?

Do not opt for the cheapest Middleton conveyancing fees. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

We have agreed to purchase a house in Middleton. A rare aspect is that the roof has a solar panel. Lloyds have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

As you are obtaining a mortgage with Lloyds your lawyer must check the formal requirements outlined in Section 2 of UK Finance Lenders’ Handbook for Lloyds. The Council of Mortgage Lenders’ Handbook includes minimum requirements for solar panel roof-space leases, and solicitors are required to report to Lloyds where a lease does not satisfy these requirements. The provisions relate to the installation of panels on properties in England and Wales and is not restricted to Middleton.

I have paid off my mortgage with Nationwide. I assume I don't need a Middleton conveyancing practitioner on the Nationwide panel to discharge the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Nationwide mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nationwide mortgage from the register. Nationwide, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Nationwide has sent the Land Registry the discharge electronically, and
3. Nationwide has instructed the Land Registry to do so

Due to the encouragement of my in-laws I had a survey completed on a property in Middleton prior to retaining lawyers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some banks may not give a mortgage on a flying freehold house.

It depends who your proposed lender is. HSBC has different requirements from Nationwide. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Middleton. Conveyancing will be smoother if you use a solicitor in Middleton especially if they are acquainted with such properties in Middleton.

I work for a long established estate agency in Middleton where we have experienced a number of flat sales derailed as a result of leases having less than 80 years remaining. I have been given contradictory information from local Middleton conveyancing solicitors. Can you confirm whether the seller of a flat can start the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Middleton Leasehold Conveyancing - Sample of Questions you should consider before buying

Make sure you enquire if there are any onerous restrictions in the lease. For instance it is reasonably common in Middleton leases that pets are not permitted in certain buildings in Middleton. If you like the flatin Middleton but your cat is not allowed to live with you then you have a very difficult determination. Please note if it is less than eighty years it will affect the marketability of the apartment. Check with your bank that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will most likely require a lease extension at some point and you need to have some idea of what this would cost. For most Middletonlease extensions you would need to own the residence for two years before you are eligible to carry out a lease extension. Its a good idea to find out as much as possible concerning the managing agents as they will either make your living at the property much easier or much more difficult. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to day to day matters such as the cleanliness of the common parts. Ask prospective neighbours what they think of them. In conclusion, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending the funds.

How and when do I cover the costs of the Stamp Duty Land Tax chargeable for my Middleton house purchase?

The lawyer should complete a stamp duty return on your behalf as part of your Middleton conveyancing transaction for signature. After completion your conveyancer will submit the STL Return Form to the Tax Authorities and - assuming they have the money - discharge any tax bill liability on your behalf.