I have given 8 weeks notice to my current landlord and must leave my let out flat in Swindon by the end of next month. Conveyancing for my house purchase is progressing. Is it possible to complete in 4 weeks as don't want to have to move into temporary accommodation?
It is unwise to give notice on a rental until your lawyer suggests that you should. Assuming that you have not previously done so, contact to your solicitor and request that they cajole the other side, try to an agreed time frame that all parties will aim to achieve
Should my conveyancer be making enquiries concerning flooding as part of the conveyancing in Swindon.
The risk of flooding is if increasing concern for lawyers conducting conveyancing in Swindon. Some people will buy a property in Swindon, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, however there are a numerous checks that may be carried out by the purchaser or by their conveyancers which should figure out the risks in Swindon. The conventional set of information supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the seller to discover whether the property has ever been flooded. In the event that flooding has previously occurred which is not revealed by the vendor, then a buyer may commence a claim for damages stemming from an inaccurate reply. The buyer’s lawyers may also conduct an enviro report. This should higlight whether there is any known flood risk. If so, more detailed inquiries will need to be conducted.
I used Arc property Solicitors a few years ago for my conveyancing in Swindon. Now, I need the files but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate 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 Swindon of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I have been on the look out for a flat up to £305k and identified one round the corner in Swindon I like with a park and transport links nearby, the downside is that it only has 51 years on the lease. I can't really find anything else in Swindon suitable, so just wondered if I would be making a mistake buying a lease with such few years left?
If you need a home loan that many years will be a potential deal breaker. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for at least 2 years you may request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this.
I am employed by a busy estate agency in Swindon where we see a few flat sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Swindon conveyancing firms. Could you clarify whether the owner of a flat can initiate the lease extension process for the buyer?
Provided that the seller has been the owner 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. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 purchaser.
I acquired a basement flat in Swindon, conveyancing was carried out in 1997. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Swindon with a long lease are worth £227,000. The ground rent is £50 charged once a year. The lease comes to an end on 21st October 2096
With just 72 years unexpired we estimate the premium for your lease extension to range between £9,500 and £11,000 as well as costs.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.
We are in the process of buying a apartment in Swindon. Could our conveyancing practitioner have the amount we are are buying for confidential from the likes of Nestoria. what can I do to make sure this is not revealed?
HMLR by statute are required to specify price sold information on a register of the title for residential properties countrywide including premises in Swindon. The Title Register is a public document, so the Land Registry would be breaking the law excluded certain properties such as the one in Swindon.
You can ask HMLR to withhold the price paid entry yet the response would be a No.