I am obtaining a mortgage offer from Halifax. My intention is to employ the services of a Licensed Conveyancer in Wellington. Does the Halifax Conveyancing panel exclude Licensed Conveyancers?

The Halifax conveyancing panel is, like many other lenders, represented by the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the CLC.

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

Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to check the ID of the potential client they are dealing with before they can accept their conveyancing business. The Terms of Engagement that you need to sign should stipulate this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. Where you refuse to supply identification documents, your conveyancer would not be able to accept instructions from you.

How does conveyancing in Wellington differ for new build properties?

Most buyers of new build property in Wellington approach us having been asked by the developer to exchange contracts and commit to the purchase even before the premises is completed. This is because builders in Wellington usually purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Wellington or who has acted in the same development.

My brother has recommend that I use his conveyancing solicitors in Wellington. Should I use them?

Much as we are happy to recommend a Wellington conveyancing lawyer the best way to find a conveyancing solicitor is to have referrals from friends or relatives who have previously instructed the firm you're are thinking of instructing.

I work for a reputable estate agency in Wellington where we see a number of flat sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Wellington conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible 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 purchaser.

Leasehold Conveyancing in Wellington - Examples of Questions you should ask before buying

Best to be warned if changing the roof or some other major work is coming up that will be shared by the tenants and may well materially impact the level of the service charges or necessitate a specific payment. Make sure you enquire if the the lease includes any adverse restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Wellington. If you love the propertyin Wellington but your dog can’t live with you then you will be presented with a difficult decision. On the whole the outlay for major works are not included within service charges, although there some managing agents in Wellington ask leasehold owners to pay into a reserve fund and this is used to offset against larger works.