I am assisting my aunt sell her flat in Bristol. Will the conveyancing solicitor order an energy performance certificate or should I organise this?
After the abolition of Home Packs, energy performance certificates became a required component of selling a property. An energy performance certificate should be commissioned in advance of the property being advertised. This is not a task that solicitors ordinarily arrange. If you are using a Bristol conveyancing solicitor they may be able to arrange energy assessments due to their contacts with reputable Bristol providers
Is it the case that all Bristol CQS (Conveyancing Quality Scheme) solicitors are on the Lloyds conveyancing panel?
A selection of banks and building societies now use CQS as the kick off point for Panel membership such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.
I'm spending time looking at flats in Bristol and I am now considering a potential offer. Is it wise to have a property lawyer on ‘stand by’? I am planning to take a home loan with Virgin Money.
It would be advisable to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are taking out a mortgage with Virgin Money, make sure you remember to check that your lawyer is on the Virgin Money conveyancing panel.
How does conveyancing in Bristol differ for new build properties?
Most buyers of new build or newly converted property in Bristol contact us having been asked by the developer to exchange contracts and commit to the purchase even before the property is built. This is because developers in Bristol tend to buy 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 accustomed to new build conveyancing in Bristol or who has acted in the same development.
I decided to have a survey carried out on a house in Bristol prior to retaining lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders may not give a loan on such a property.
It varies from the lender to lender. HSBC has different instructions from Nationwide. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Bristol. Conveyancing may be slightly more expensive based on your lender's requirements.
How can the Landlord & Tenant Act 1954 affect my business property in Bristol and how can your lawyers assist?
The 1954 Act gives protection to commercial tenants, giving them the a statutory right to make a request to court for a new lease and remain in occupation when the lease reaches an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Bristol
We're first time buyers - agreed a price, yet the selling agent informed us that the vendor will only proceed if we appoint their recommended lawyers as they need a ‘quick sale’. We would rather use a high street conveyancer with experience of conveyancing in Bristol
It is improbable the vendors are behind this. If they require ‘a quick sale', taking such a hostile approach to a genuine buyer is not the way to achieve this. Speak to the owners direct and make sure they comprehend that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you wish to move quickly (e)however you will continue to appoint your preferred Bristol conveyancing lawyers - as opposed tothe ones that will earn the estate agent a kickback or hit his conveyancing thresholds demanded by head office.
There are only Seventy years unexpired on my flat in Bristol. I need to get lease extension but my freeholder 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 submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to locate the freeholder. For most situations an enquiry agent may be useful to try and locate and to produce a report to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Bristol.
Leasehold Conveyancing in Bristol - Sample of Questions you should consider before buying
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How is the lease structured? Does the lease have onerous restrictions? Its a good idea to discover as much as possible regarding the managing agents as they can either make your living at the property much simpler or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to day to day issues like the upkeep of the common parts. Don't be shy to ask prospective neighbours whether they are happy with their management. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.