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Recently asked questions about conveyancing in Melling

My wife and I are approaching an exchange on a flat in Melling and my parents have sent the ten percent deposit to my solicitor. I am now informed that as the deposit has not come from me my lawyer needs to make a notification to my lender. I am advised that, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I informed the lender about my parents' contribution when I applied for the mortgage, so is it really necessary for him to raise this?

The conveyancer is duty bound to check with lender to ensure that they are aware that the balance of the purchase price is not from your own funds. The solicitor can only report this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.

My colleague recommended that where I am purchasing in Melling I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?

This is a search is usually quoted for as part of the standard Melling conveyancing searches. It is a large report of more than thirty pages, listing and detailing significant information about Melling around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Melling Education with maps and statistics, Local Amenities and other useful data about Melling.

How does conveyancing in Melling differ for new build properties?

Most buyers of new build property in Melling come to us having been asked by the builder to sign contracts and commit to the purchase even before the property is constructed. This is because house builders in Melling 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 conveyancing solicitors 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 accustomed to new build conveyancing in Melling or who has acted in the same development.

We are one month into a residential purchase having been recommend to conveyancers by the local agent to execute conveyancing in Melling. I am am starting to be dissatisfied with the level of service. Can you you assist me in finding new lawyers?

A lawyer would have to be very bad to suggest changing them. Has the mortgage been generated? If so you will need to inform them of the new contact details and have the loan are issued to the new lawyers. Your solicitor ideally needs to be on the lenders approved list to avoid supplemental expenses and frustration. So that should be your first question of the new conveyancers. The search tool can assist you in finding a lender approved conveyancer for your conveyancing in Melling

I am looking at a couple of flats in Melling which have approximately 50 years left on the lease term. Will this present a problem?

There are no two ways about it. A leasehold flat in Melling is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it adversely affects the value of the premises. For most purchasers and mortgage companies, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Melling conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I purchased a leasehold flat in Melling, conveyancing was carried out in 2009. Can you work out an approximate cost of a lease extension? Corresponding flats in Melling with over 90 years remaining are worth £180,000. The ground rent is £65 invoiced every year. The lease finishes on 21st October 2084

You have 59 years unexpired the likely cost is going to be between £20,900 and £24,200 plus professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first getting professional advice.

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