It is 10 years ago since I acquired my home in Winterbourne. Conveyancing solicitors have recently been appointed on the sale but I am unable to find my deeds. Is this a problem?

Don’t worry too much. First there is a chance that the deeds will be retained by the lender or they could still be with the conveyancers who acted in the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring current official copies of the land registers. The vast majority of conveyancing in Winterbourne involves registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.

If you had a top tip for choosing a conveyancing solicitor in Winterbourne what would it be?

Do not opt for the lowest Winterbourne conveyancing fees. You really do get what you pay for when it comes to conveyancing solicitors. 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.

Forgive me if this question is silly but I am wet behind the ears as FTB of a two bedroom flat in Winterbourne. Do I collect the keys to the house on the completion date from my lawyer? If so, I will use a local conveyancing solicitor in Winterbourne?

On the day of completion you do not need to attend the conveyancers office in Winterbourne. Conveyancing lawyers for you will transfer the purchase money to the owner’s conveyancers, and once they have received this, you should be invited to pick up the keys from the selling Agents and move into your new home. Usually this happens early afternoon.

My partner and I have organised the release of further monies on our mortgage from Lloyds as we want to conduct a loft conversion to our home in Winterbourne. Are we obliged to select a nearby Winterbourne solicitor on the Lloyds conveyancing panel to deal with the paperwork?

Lloyds would not normally require firms on their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Lloyds conveyancing panel.

Various internet forums that I have frequented warn that are the number one cause of delay in Winterbourne house deals. Is there any truth in this?

The Council of Property Search Organisations (CoPSO) released findings of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any holding up conveyancing in Winterbourne.

I am tempted by the attractive purchase price for a two apartments in Winterbourne both have about fifty years left on the lease term. Will this present a problem?

There is no doubt about it. A leasehold flat in Winterbourne 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 property. The majority of purchasers and mortgage companies, leases with less than eighty years become less and less attractive. On a more upbeat 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 premises 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 Winterbourne conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending 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 Winterbourne - A selection of Queries Prior to Purchasing

This question is important as a) areas may cause problems for the building as the common areas may start to deteriorate where maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to know about it How many of the leaseholders are in arrears for their service charge payments? Generally speaking the cost for major works tend not to be included within maintenance charges, although there some managing agents in Winterbourne require tenants to contribute towards a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance.

Is it necessary during the course of the conveyancing process to attend the offices of the mortgage company conveyancing panel solicitor to execute the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Winterbourne so that I can attend their offices when needed.

Most conveyancing panel lawyers for the bank undertake all of the work via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. YOu dont have to use a conveyancing solicitor in Winterbourne. it would nevertheless be wise to check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.