The Wilmslow conveyancing firm handling our Wilmslow conveyancing has uncovered a discrepancy when comparing the surveyor’s assumptions in the valuation report and what is revealed within the conveyancing documents. My lawyer has advised that he is obliged to check that the lender is happy with this discrepancy and is still content to lend. Is my lawyer’s stance appropriate?

Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.

Will my solicitor be making enquiries concerning flooding during the conveyancing in Wilmslow.

Flooding is a growing risk for lawyers dealing with homes in Wilmslow. Some people will buy a house in Wilmslow, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.

Lawyers are not best placed to impart advice on flood risk, but there are a numerous checks that can be initiated by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Wilmslow. The conventional set of completed inquiry forms sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to find out whether the property has suffered from flooding. In the event that the residence has been flooded in past and is not disclosed by the owner, then a purchaser may bring a legal claim for losses stemming from an misleading response. The purchaser’s lawyers will also commission an enviro report. This should indicate if there is any known flood risk. If so, further inquiries should be initiated.

The deeds to our house can not be found. The solicitors who did the conveyancing in Wilmslow 5 years ago no longer exist. What are my options?

These day there are copies made of almost everything, and your conveyancer will be aware exactly where to look for all the relevant documentation so you may buy or dispose of your property without a hitch. Where copies can’t be located, your lawyer can arrange cover in the form of insurance or indemnities against future claims on your property.

Due to the input of my in-laws I had a survey completed on a property in Wilmslow in advance of instructing lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor has said that some banks will refuse to issue a loan on this type of property.

It varies from the lender to lender. Santander has different instructions from Birmingham Midshires. If you e-mail us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Wilmslow. Conveyancing will be smoother if you use a solicitor in Wilmslow especially if they regularly deal with such properties in Wilmslow.

There are only Fifty years left on my flat in Wilmslow. I now want to get lease extension but my landlord is can not be found. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to find the landlord. In some cases a specialist may be useful to conduct investigations and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the application to the County Court overseeing Wilmslow.

Leasehold Conveyancing in Wilmslow - A selection of Questions you should ask before buying

It would be prudent to find out as much as possible concerning the managing agents as they can either make life much simpler or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to every day issues like the cleanliness of the communal areas. Enquire of other tenants if they are happy with them. Finally, find out the dates that the maintenance fees are due to the relevant party and specifically what you get for your money. Plenty Wilmslow leasehold flats will incur a service charge for the upkeep of the block set on behalf of the management company. If you acquire the property you will have to meet this charge, normally quarterly accross the year. This can vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a rentcharge for you to pay annual, ordinarily this is not a exorbitant figure, say approximately £25-£75 but you need to check as sometimes it could be many hundreds of pounds.