My wife and I swapping mortgage lender for our apartment in Wolston with Nottingham. We have a son 19 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have two concerns (1) Is this form unique to the Nottingham conveyancing panel as he never had to sign this form when we purchased 3 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 Nottingham 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 Nottingham. This is solely used to protect Nottingham 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 Nottingham 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.

We are close to exchanging contracts on the sale of our home in Wolston and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. A high street Wolston conveyancer would know this is not the case. For the life of me I don't know why the purchasers instructed a factory type conveyancing practice rather than a conveyancing solicitor in Wolston. Having lived in Wolston for 4 years we know of no issue. Should we contact our local Authority to get confirmation need.

It would appear that you have a conveyancing lawyer already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)

How does conveyancing in Wolston differ for newly converted properties?

Most buyers of new build premises in Wolston come to us having been asked by the seller to sign contracts and commit to the purchase even before the residence is finished. This is because house builders in Wolston tend to purchase the land, 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 conveyancers 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 Wolston or who has acted in the same development.

In what way can the Landlord & Tenant Act 1954 affect my commercial property in Wolston and how can your lawyers assist?

The 1954 Act affords security of tenure to commercial tenants, giving them the legal entitlement to apply to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Wolston is one of our hundreds of locations in which the firms we work with are located

What are your top tips when it comes to finding a Wolston conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Wolston conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Wolston conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be helpful:

If they are not ALEP accredited then why not?

Leasehold Conveyancing in Wolston - Sample of Questions you should consider Prior to buying

For many Wolston leaseholds the cost for major works are not wrapped into the maintenance charges, albeit that some managing agents in Wolston obliged tenants to pay into a sinking fund created for the specific intention of building a fund for major repairs or maintenance. It is important to be aware if a new roof is being put on or some other major work is pending to be shared by the tenants and will materially impact the level of the maintenance fees or necessitate a one off invoice. Does the lease have in excess of 80 years left?