The sellers of the house we are looking to purchase are using a conveyancing practitioner in St Asaph who has insisted on a preliminary agreement with a deposit of 5k. Are such agreements sensible?

This form of preliminary agreement is not the norm in St Asaph, conveyancers are often found to veer clients away from them as they detract from focusing on the main conveyancing focus and if you end up having your deposit forfeited then the solicitor at best left with an upset client and at worst a litigious one. In addition, there is no assurance that just because the proprietor has executed an exclusivity agreement they will complete the sale with you. They may be inclined to break the contract if they are offered sufficient financial inducement to do so because a wronged party with the benefit of a lockoutcontract will still be obliged establish consequential losses from the breach and this may not amount to the extra amount that your seller may secure by breaching the agreement, no matter how morally condemnable it undoubtedly is.

My relative suggested that where I am buying in St Asaph I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. What does it cover?

A search of this type is sometimes included in the estimate for your St Asaph conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about St Asaph around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the St Asaph Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful information concerning St Asaph.

Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. St Asaph is where the house is located. What do you suggest?

Flying freeholds in St Asaph are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in St Asaph you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Asaph may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

I've recently bought a leasehold property in St Asaph. Do I have any liability for 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element 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).

St Asaph Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

It would be prudent to discover as much as possible concerning the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the upkeep of the communal areas. Enquire of other people if they are happy with their management. In conclusion, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically what it includes. Who takes responsibility for maintaining and repairing the block? Can you tell me if there are any major works anticipated that will likely add a premium to the service costs?

Me and my husband are selling a St Asaph flat we inherited 5 years ago in 2012. I have over a decades worth of conveyancing experience and, now retired, intend to conduct my own legal work. The buyer's conveyancing practitioner has informed me that their building society will not allow us to do our own conveyancing mandating that the funds to be sent to a solicitor's bank account.

Mortgage instructions to conveyancers from all mainstream lenders state that If the vendor does not have legal representation the borrower's lawyers should check whether the lender needs to be notified so that a decision can be reached as to whether they are prepared to proceed.