I am buying a new build flat in Clent. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Clent

Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.

Due to the input of my in-laws I had a survey completed on a property in Clent before appointing solicitors. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some mortgage companies will refuse to grant a loan on this type of premises.

It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. Should you wish to call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Clent. Conveyancing will be smoother if you use a solicitor in Clent especially if they are acquainted with such properties in Clent.

How can the Landlord & Tenant Act 1954 affect my commercial property in Clent and how can your lawyers assist?

The 1954 Act gives security of tenure to commercial leaseholders, granting the a statutory right to make a request to court for a new tenancy and remain in occupation at the end of an expired lease. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Clent is one of our many areas of the UK in which our lawyers are based

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Clent. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Clent ?

Most houses in Clent are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Clent in which case you should be shopping around for a Clent conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.

Leasehold Conveyancing in Clent - A selection of Questions you should ask before buying

If a Clent lease has less than 80 years it will affect the salability of the apartment. It is worth checking with your mortgage company that they are happy with the length of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this will be. Remember, in most cases you will need to own the property for two years in order to be eligible to exercise a lease extension. How much is the maintenance charge and ground rent on the flat? Does this lease have in excess of 80 years unexpired?

One month into buying a property in Clent. Conveyancing solicitor has told us the title is "Leasehold". Will this likely impact the salability of the property?

Clent conveyancing does not usually involve leasehold houses. The crucial factor here is the length of lease and the ground rent. If it's 999 years with a peppercorn rent, it's almost the same as freehold, so it shouldn't impact the value significantly.

On the flip side, if it's, say, Sixty years it is bound to have a significant impact on the saleability, and most likely wouldn't be acceptable to the bank. The remaining lease term and ground rent will be stated in the lease which should be made available to your solicitor.