As someone unfamiliar with conveyancing in Leeds what is your top tip you can impart concerning the house moving process in Leeds
You may not hear this from too many lawyers but conveyancing in Leeds or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is lots of opportunity for confrontation between you and other parties involved in the ownership transfer. For example, the vendor, estate agent and sometimes a bank. Choosing a lawyer for your conveyancing in Leeds should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the legal process whose responsibility is to look after your legal interests and to protect you.
We are witnessing a distinct creep in the "blame" culture- someone has to be at fault for the process taking so long. You should always trust your conveyancer ahead of the other parties in the home moving process.
How does conveyancing in Leeds differ for newly converted properties?
Most buyers of new build property in Leeds approach us having been asked by the seller to exchange contracts and commit to the purchase even before the house is ready to move into. This is because house builders in Leeds tend to acquire 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 used to new build conveyancing in Leeds or who has acted in the same development.
I opted to have a survey completed on a property in Leeds ahead of instructing solicitors. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some lenders will refuse to give a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Leeds. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Leeds to see if the conveyancing costs will increase in light of this.
My step-father has suggested that I instruct his conveyancing solicitors in Leeds. Should I use them?
No doubt the ideal way to choose a conveyancing solicitor is to seek feedback from friends or relatives who have actually previously instructed the solicitor you're are thinking of instructing.
I am intending to sublet my leasehold apartment in Leeds. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
A small minority of properties in Leeds do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Leeds Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
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The majority of Leeds leasehold flats will be liable to pay a service charge for maintenance of the block levied by the management company. Should you purchase the property you will have to pay this contribution, usually periodically throughout the year. This may differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a rentcharge for you to pay annual, this is usually not a large sum, say about £50-£100 but you need to check it because on occasion it can be many hundreds of pounds. Where a Leeds lease has no more than 80 years it will have adverse implications on the value of the property. It is worth checking with your mortgage company that they are content with remaining years on the lease. Leases with fewer than 80 years remaining means that you will probably need a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would need to own the property for two years in order to be eligible to exercise a lease extension. Are any of leasehold owners in dispute over their service charge payments?
I'm buying a house in Leeds. I can find my conveyancer's company on the Law Society's list, but I can't locate my lawyer's name on the list. Should I be concerned?
Not all staff in the company must be listed by the regulator. Provided there is a manager qualified to 'oversee' the work, the actual day-to-day activity can be undertaken by unlicensed staff.