I am helping my niece sell her property in Barnard Castle. Does the conveyancing solicitor order an EPC or should I organise this?

After the demise of HIPs, EPC’s was maintained a compulsory component of selling a property. An energy performance certificate should be commissioned in advance of the property being marketed. It is not something that lawyers normally organise. If you are instructing a Barnard Castle conveyancing lawyer they might help arrange energy assessments due to their relationships with long established local energy assessors

Is it correct that all Barnard Castle CQS (Conveyancing Quality Scheme) solicitors are on the HSBC conveyancing list of approved practices?

It is true that some lenders now make use of CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.

Co-operative have agreed my home loan in principle, my offer on a flat in Barnard Castle has been accepted, what happens next?

The property agent will wish to be informed of your lawyer's details (ensure that the property lawyers are on the lender’s panel). Call up Co-operative or your broker and finish off any relevant documentation. Co-operative will instruct a valuer who will get in contact with the estate agent or seller to arrange a slot for the valuation to take place. Once conducted (assuming no problems) it takes on average a week for the mortgage offer to be issued. Co-operative will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Barnard Castle.

I have justbeen informed that Action Conveyancing have closed. They carried out my conveyancing in Barnard Castle for a purchase of a leasehold flat 10 months ago. How can I be sure that my home is in my name in the name of the former proprietor?

The quickest way to check if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Barnard Castle conveyancing specialists.

Over the last few months I have been searching for a flat up to £245,000 and found one round the corner in Barnard Castle I like with open areas and railway links in the vicinity, the downside is that it only has 61 years on the lease. There is not much else in Barnard Castle for this price, so just wondered if I would be making a grave error acquiring a lease with such few years left?

If you require a home loan that many years will likely be an issue. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for at least 2 years you could 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 solicitor about this matter.

There are only Fifty years left on my flat in Barnard Castle. I need to extend my lease but my landlord is missing. What should I do?

If 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. On the whole a specialist may be useful to conduct investigations and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Barnard Castle.

I purchased a ground floor flat in Barnard Castle, conveyancing having been completed 4 years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Barnard Castle with an extended lease are worth £180,000. The ground rent is £65 levied per year. The lease comes to an end on 21st October 2083

With only 58 years left to run the likely cost is going to range between £21,900 and £25,200 as well as costs.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first seeking the advice of a professional.

I happen to be an executor of my recently deceased parent's Will, with a bungalow in Barnard Castle which will be marketed. The house has never been registered at HMLR and I'm advised that some EAs will insist that it is in place before they'll proceed. What's the procedure for this?

In the circumstances that you have set out it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.