My wife and I intend to remortgage our penthouse in Breaston with UBS. We have a son 19 who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the property is forfeited by the lender. I have two concerns (1) Is this form unique to the UBS conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?

First, rest assured that your UBS conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to UBS. This is solely used to protect UBS if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of UBS had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

Having sold my house in Breaston last May yet the purchaser is calling daily to say his lawyer is waiting to hear from mine. What should my lawyer have done now that I have sold?

Post completion of your disposal your conveyancer is obliged to forward the transfer documentation and all supplemental paperwork to the buyer’s lawyers. If applicable, your solicitor should also confirm that the mortgage has been repaid to the buyers lawyers. There is unlikely to be post completion steps specific conveyancing in Breaston.

Over the last few months I have been searching for a ground for flat up to £305k and identified one round the corner in Breaston I like with a park and transport links in the vicinity, the downside is that it's only got 51 remaining years left on the lease. I can't really find anything else in Breaston in this price bracket, so just wondered if I would be making a mistake acquiring a lease with such few years left?

Should you need a mortgage that many years will likely be problematic. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for at least twenty four months you may request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this.

How simple is it to transfer to a new solicitor as I have to choose a firm on the Platform Home Loans Ltd conveyancing list. I was using a high street conveyancing solicitor in Breaston round the corner but he is not approved by Platform Home Loans Ltd

We will our best to assist in finding you a conveyancing solicitor in Breaston on the Platform Home Loans Ltd panel. Please note that the conveyancers that we work with do not pay us commission if you instruct them and are authorised and regulated by the Solicitors Regulation Authority who oversee all conveyancing solicitors in Breaston. In utilising search facility on this website, you can scrutinise costs for conveyancing solicitors in Breaston and throughout England and Wales.

I want to let out my leasehold apartment in Breaston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your previous Breaston conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must seek consent from your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of prior permission. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

Leasehold Conveyancing in Breaston - Sample of Queries Prior to Purchasing

How many years remain on the lease? Best to be warned whether changing the roof or some other significant cost is pending that will be shared amongst the leasehold owners and will materially increase the the maintenance fees or result in a one time payment. The answer will be useful as a) areas may cause problems in the block as the communal areas may begin to deteriorate if services are not paid for b) if the tenants have a dispute with the running of the building you will want to have complete disclosure