I have been told that property searches are the primary reason for obstruction in Birkenshaw conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the findings of a review by MoveWithUs that conveyancing searches do not figure within the top 10 causes of delays in the conveyancing process. Searches are unlikely to be the root cause of holding up conveyancing in Birkenshaw.
I used Arc property Solicitors several years past for my conveyancing in Birkenshaw. I now require my file but the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Birkenshaw of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Birkenshaw differ for new build properties?
Most buyers of new build residence in Birkenshaw approach us having been asked by the developer to exchange contracts and commit to the purchase even before the house is ready to move into. This is because developers in Birkenshaw tend to acquire the land, 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 conveyancing solicitors 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 Birkenshaw or who has acted in the same development.
What does commercial conveyancing in Birkenshaw cover?
Commercial conveyancing in Birkenshaw covers a wide array of guidance, offered by qualified solicitors, relating to business premises. By way of example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.
I have been sourcing a conveyancing practitioner in Birkenshaw for my purchase. Can I see a firm’s complaints history with the legal regulator?
You may review published Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Go to Check a solicitor's record. To find records Pre 2008, or to check a firm's history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The SRA could recorded telephone calls for training requirements.
I work for a long established estate agency in Birkenshaw where we see a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Birkenshaw conveyancing firms. Could you clarify whether the seller of a flat can start the lease extension formalities for the buyer?
Provided that the seller has owned the lease 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 proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
An alternative approach is 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 buyer.
Birkenshaw Leasehold Conveyancing - Examples of Questions you should consider before buying
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It is important to be aware whether fixing the lift or some other major work is pending to be shared amongst the tenants and will dramatically increase the the maintenance fees or necessitate a one off invoice. Please inform me if there are any major works in the near future that could add a premium to the service costs? If a Birkenshaw lease has no more than 80 years it will impact the value of the property. It is worth checking with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension at some point and it is worth discovering how much this will be. For most Birkenshawlease extensions you would be be obliged to have been the owner of the premises for a couple of years before you are entitled to extend the lease.