After looking at mumsnet.com for an affordable solicitor in Winchester, many advise that I should look for a CQS kitemarked lawyer. Can you explain what CQS is?

Winchester Conveyancing Quality Scheme practices have obtained accreditation under the Law Society's Scheme (CQS) The Law Society established CQS to establish evidence of quality standards in the home buying process. CQS helps consumers to identify solicitor firms who provide a quality residential conveyancing. Winchester is one of the many areas in England and Wales in which CQS have a presence. The conveyancing scheme requires practices to undergo a strict assessment, compulsory training, self-certification, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders.

We are planning on selling our property in Winchester and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A local lawyer would know this is not the case. For the life of me I don't know why the purchasers used a web based conveyancing firm rather than a conveyancing solicitor in Winchester. We have lived in Winchester for 5 years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek confirmation that the buyers are looking for.

It would appear that you have a conveyancing firm currently acting for you. What do they say? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)

I am looking for a ground for flat up to £245,000 and found one close by in Winchester I like with amenity areas and railway links nearby, the downside is that it only has 52 years on the lease. There is not much else in Winchester for this price, so just wondered if I would be making a grave error acquiring a lease with such few years left?

If you need a home loan the remaining unexpired lease term may be a potential deal breaker. Discount the offer by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the premises for a minimum of twenty four months you may ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease and have £0 ground rent by law. You should consult your conveyancing solicitor about this matter.

I need to instruct a conveyancing solicitor for my conveyancing in Winchester. I have land on a web site which seems to have the ideal offering If it is possible to get all the legals done via phone that would be preferable. Do I need to be concerned? What should out be looking out for?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

I am looking at a couple of flats in Winchester which have about 50 years remaining on the leases. Will this present a problem?

There are no two ways about it. A leasehold flat in Winchester is a wasting asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. For most purchasers and banks, leases with less than eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Winchester conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Leasehold Conveyancing in Winchester - A selection of Queries Prior to Purchasing

On the whole the outlay for major works tend not to be incorporated into the maintenance charges, albeit that a few managing agents in Winchester require tenants to pay into a reserve fund and this is used to offset against major repairs or maintenance. Who takes charge for maintaining and repairing the block? How is the lease structured?