Welcome To Redbird Conveyancing Manchester

Conveyancing Manchester

Our Offices At Conveyancing Manchester

Welcome to Redbird Conveyancing Manchester. We are specialist property conveyancers  based in Ramsbottom, Bury on the outskirts of Manchester. We operate a full conveyancing service throughout the whole of England & Wales. If you are thinking of buying or selling your own house or if you have a commercial premises for sale / lease or even a business for sale, allow us to give you the benefit of our many years experience in this field whereby our dedicated team of professional lawyers will see your transaction through to completion. Call Conveyancing Manchester on the number below or send us a quick e-mail on our Contact Form outlining your requirements.

Redbird Conveyancing Manchester

Office 5 Market Chambers
Market Place
Ramsbottom
Bury
BL0 9HT

Tel: 01706 281016
Fax: 01706 824586
Mobile: 07944 971435

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Buying Repossessed Property

Conveyancing Manchester Highlights…..

Traps for the Unwary: Purchasing from an LPA Receiver

Conveyancing ManchesterConveyancing Manchester has previously warned about the dangers of purchasing from an LPA Receiver (that is, a receiver acting under the power of sale granted by section 101 of the Law of Property Act 1925) where a residential home is being sold without a court order for repossession.  There is a real risk that such a sale violates the original owner’s right to property and due process under the Human Rights Act.  While this issue has been litigated at the trial level, the appellate courts have not yet weighed in, and who would want to be a test case for such a politically charged, complicated issue?!

Conveyancing Manchester refers to…..

The recent case of Cherry Tree Investments Limited v Landmain Limited [2012] EWCA Civ 736 which highlights another danger of purchasing from an LPA Receiver: establishing whether the power of sale has validly arisen.

When buying from an LPA Receiver, the lawyers at Conveyancing Manchester are frequently asked to assume that the power of sale has arisen.  LPA Receivers provide basic documentation regarding the loan: often only the mortgage deed.  Until the Cherry Tree Investments case, purchasers had the comfort of section 104(2) of the Law of Property Act which relieves the buyer of the obligation of determining whether the power of sale has been properly exercised.  The Cherry Tree Investments case highlights the danger of failing to determine whether the power of sale has arisen in the first place.

In Cherry Tree Investments, a London property was owned by Landmain Limited (“Landmain”) and sold by an LPA Receiver to Cherry Tree Investments Limited (“Cherry Tree”).  After completing its purchase, Cherry Tree applied to the Land Registry to be registered as the new owner.  Landmain blocked the application and the lawsuit followed.  The trial court gave Cherry Tree summary judgment, which would have allowed Cherry Tree to complete its application with the Land Registry.  Landmain appealed on the grounds that the power of sale had never arisen under the legal charge filed with the Land Registry.

The legal charge in the Cherry Tree Investments case was a CH1 form.  A CH1 form is a standard Land Registry form.  It is very basic and flexible and is often favoured by borrowers and lenders alike because it allows for a great deal of privacy:  the parties do not have to set out the amounts or terms and conditions of the borrowing if they would prefer to keep these details private.  A CH1 form is also flexible in that the parties can incorporate other documents by reference if they chose.  The CH1 form in the Cherry Tree Investments case did not set forth the terms of the borrowing, nor the amounts and dates of repayment.  On appeal, Landmain argued that the CH1 form was, in essence, defective.  As the CH1 form did not set out the amounts and dates of repayment, no default could occur under the CH1 form and it was only by reference to the underlying facility agreement that the power of sale could arise.  Landmain further argued that since the facility agreement was not filed with the Land Registry, the CH1 form could not be interpreted by reference to the facility agreement and Cherry Tree could not rely on it as the basis for the power of sale.

In a surprising decision, the Court of Appeals found for Landmain.  The Court held that the CH1 form “meant what it meant” and could not be interpreted by reference to the facility agreement.  The power of sale had not clearly arisen under the CH1 form and Cherry Tree could not be granted summary judgment on this basis.  Although Conveyancing Manchester believes that Cherry Tree still has some hope of registering its purchase if it can prove a claim for rectification at the trial level, the Court of Appeals decision means that purchasers can no longer rely on a bare assertion by an LPA Receiver that the power of sale has arisen.  When buying repossessed property the purchaser must obtain and examine the loan and charge documentation and satisfy themselves that the LPA Receiver has the power of sale before proceeding with the purchase or risk being unable to register their purchase.  Conveyancers preparing and registering charges for lenders must ensure that the legal charge itself contains (or incorporates by reference to a filed document) all the powers the lender would ever need.

Advice From Conveyancing Manchester

The Cherry Tree Investments case is a powerful cautionary tale and highlights the need for careful consideration of contractual documentation.  Conveyancing Manchester continues to be wary of purchasing from LPA Receivers and this case highlights the need for such caution!

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Commercial Rent Arrears

Commercial Rent Arrears:  Changes that will stick in a Landlord’s CRAR

commercial rent arrears

As the recession grinds on, many small businesses face cash flow problems, and one of the easiest ways to ease a cash shortage is to delay (or stop) paying rent.  Conveyancing Manchester sees many businesses that are “trading through the till” or have recently seen their overdrafts reduced.  These businesses may not be able to pay a large quarterly rent bill as it falls due.

A tenant’s delay (or failure to pay rent) leaves the commercial landlord in a bad position.  The landlord can wait for the rent, but for landlords with mortgages, this may not be an option since the bank is unlikely to be equally forbearing.  The landlord can chase the tenant for the rent (or employ a lawyer or debt collector), which can be a drain on the landlord’s own financial resources.  Or the landlord can re-enter and repossess the property, and face the prospect of finding a new tenant at a time when there are many empty units on the high street and commercial rents are dropping.

Using Distrait As A Solution For Commercial Rent Arrears

Conveyancing Manchester knows that, with these unattractive options, one of the best weapons in a landlord’s arsenal has long been the remedy of “distrait” or Distress for Rent.  The landlord (or more often a bailiff acting as the landlord’s agent) can enter the tenant’s business premises and seize goods present at the premises.  The landlord (or bailiff) is able to hold these goods until the commercial rent arrears are paid, or (after holding the goods for prescribed amounts of time) sell them off and use the proceeds to pay the commercial rent arrears.  A landlord can resort to Distress for Rent the day after the rent is late, and there is minimal procedure.  Most bailiffs can be instructed by completing a one-page form that can be faxed or emailed to the bailiff.  There are some goods which are exempt from seizure, but often just the presence of a bailiff in the tenant’s place of business will result in payment.  With many businesses paying whichever creditor “screams loudest” first, a bailiff appearing on the tenant’s doorstep can vault the landlord to the head of the queue.

However, the Distress for Rent remedy has been abused, and there have been many complaints made about the behaviour of bailiffs.  Accordingly, the Tribunals Courts and Enforcement Act 2007 (TCEA 2007) sought to reform the Distress for Rent remedy.  The new statutory procedure (Commercial Rent Arrears Recovery, or ‘CRAR’) imposes limitations on what arrears can be recovered (only “pure” rent arrears are recoverable under CRAR, not service charges or insurance rent).  Commercial Rent Arrears Recovery also creates a notice procedure the landlord must follow before any goods are seized.  Although TCEA 2007 was enacted several years ago, CRAR has not yet been brought into force.  The Government has indicated informally that it intends to implement Commercial Rent Arrears Recovery in April 2012.

Conveyancing Manchester thinks this is potentially bad news for landlords.  The old Distress for Rent remedy which was easy, immediate and effective, is likely to give way to a more expensive, more complicated and potentially less effective remedy (the written notice requirement gives the tenant time to remove key goods from the premises).

Conveyancing Manchester recommends that Landlords take steps to “get ahead” of CRAR:

  • If you have tenants who are currently in arrears, or who have a history of late payment, consider using the Distress for Rent remedy as soon as their next rent payment is late.  Often sending in a bailiff just once will change a tenant’s payment behaviour for good.
  • If you are looking at a new tenancy (or renewing a tenancy with a struggling business), consider less traditional structures, such as a licence with a charge over key business assets or a debenture, instead of a lease. Commercial Rent Arrears Recovery only applies to commercial tenancies, so levying on a charge      or debenture would be exempt from the provisions of CRAR (although levying      on a charge or debenture may have other procedural requirements).

 Commercial Rent Arrears are here to stay…

Smart landlords need to be aware of the impact of CRAR and how it may affect their ability to protect their rental income stream.  Conveyancing Manchester offers a free one-hour consultation to all commercial landlords (and tenants) to assist with their property-related problems.  If you want to avoid rent problems being “stuck in your craw,” give Alison or Pam a call and let Conveyancing Manchester help you sort out your commercial rent arrears!

 

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Traps for the Unwary: Surveys v Valuation Reports

Conveyancing Manchester Comments….

Most buyers – of residential and commercial properties – represented by Conveyancing Manchester realise  that they need an expert opinion on the physical condition of the property they  intend to purchase.

Conveyancing Manchester

Increasingly,  however, buyers seem content to rely on a valuation report prepared for their  mortgage lender, rather than having their own independent survey done.  These valuations are often inexpensive (some  lenders include them in the cost of the mortgage application, or roll the cost  into the fees paid over the life of the loan).  But as with all things, you get what you pay for. Valuations are prepared for the mortgage lender, not the  buyer.  Valuations are purely the
valuer’s confirmation to the lender that the property is suitable as security  for the loan.  Many problems that would  matter to the buyer are not relevant to the lender, and valuers give them short  shrift.  For example, valuers are not  always required to physically inspect the interior of the property – they may  do a “drive by” valuation or rely on “comparables” (reported values for  neighbouring properties of similar type).  A valuer who does not enter the property may not become aware of  problems such as dampness, internal alterations which affect the property’s  structural integrity, lack of adequate cavity wall and loft insulation,  outdated wiring or heating systems that will need replacement.  These can all be costly repairs, particularly  to a first-time buyer or purchaser who has had to come up with a very large deposit.  Even a valuer who does  physically inspect the property will almost never enter the loft space or  inspect the roof.  A number of buyers
have found themselves with costly roof repairs only a few months after
purchasing their new home.

Conveyancing Manchester understands that

Buyers who  rely on a mortgage valuation and later discover structural problems with their  property may also have difficulty reclaiming their costs from the valuer.  The valuer is instructed by the lender.  There is rarely a direct contract  between the valuer and the buyer, and the valuation report may specifically  disclaim any liability to the buyer.
Between the lack of contractual “privity” and disclaimers, the buyer who  suddenly finds him or herself shouldering costly repairs that they feel should  have been revealed in the valuation report may not even be able to recover  these costs from the valuer who missed the problem in the first place.

A house may be the most expensive single item an individual
ever buys.  Commercial premises may be a business’s  single largest overhead.  So why leave  such a vital evaluation as the physical condition of the property in the hands  of valuer who may not even inspect the property, and who may not be liable to  the buyer if they fail to discover costly problems?

Buyers report that  cost is the biggest factor.  Many buyers  are forced to pay for a mortgage valuation as part of their mortgage  application and resent “paying twice” for an independent valuation.  Some buyers also believe that a survey will  cost “thousands.”  Buyers need to  understand all their options before deciding whether or not to rely on a  valuation report.

Many mortgage lenders will accept an independent survey in place of a valuation.   A savvy buyer will ask their mortgage  advisor early in the application process whether the lender will accept a  Homebuyer’s Survey in place of the valuation.  It is the rare lender who requires a buyer to “pay twice.”

Further, surveys, particularly Homebuyer’s surveys and  condition reports (as distinct from a full structural survey) have become much
more competitively priced in recent years.  A Homebuyer’s survey may be as little as £200 more than the valuation  report.  Condition reports (which are  more limited than a Homebuyer’s survey, but more comprehensive than a  valuation) can be even less costly.  As  neither of these surveys need to be commissioned through the lender, the buyer
can “shop around” to find competitive prices and is not locked into the price  the lender has negotiated with the valuer.

Finally, the buyer may recoup the cost of the survey  instantly in the form of a reduced purchase price.  Richard Sexton, the director of chartered  surveyors for ESurv, reports that on average, buyers who have a Homebuyer’s  survey negotiate a reduction in purchase price of £1,800 as a result of  problems revealed by the survey.  At the
recent Society of Licensed Conveyancers conference in Derby that Conveyancing  Manchester attended, a representative from the Residential Property Surveyors  Association reported that one in ten buyers negotiate a reduction in excess of  £10,000.  While these statistics should  encourage the buyer who decides to have a survey, they should terrify a buyer who doesn’t!  Very few buyers would be happy to proceed  with their purchase knowing that they have a one in four chance of needing  another £2,000 for repairs on top of the purchase price, or a one in ten chance  of a £10,000 repair bill looming in their future!

A valuation report may still be right for some buyers.  Buyers who have a construction or  architectural background may not need a more comprehensive survey.  But for Mr and Mrs Smith Homebuyer, or for Mr  and Mrs Business Owner, relying on the lender’s valuation report is like  playing Russian Roulette, only with worse odds.

So why has Conveyancing Manchester devoted so much time and
space to warning buyers about the downsides of relying on a valuation
report?  It is the job of the lawyers at  Conveyancing Manchester to investigate the title of the property, and without a  survey, our investigation is handicapped.

Valuers almost never look at issues which matter to Conveyancing
Manchester from a title perspective, such as rights of way, shared accessways,  party walls, potential boundary disputes, and the adequacy of easements, while  surveyors actively identify potential title problems.

Get 100% satisfaction from Conveyancing Manchester

Although the lawyers at Conveyancing Manchester like to see
the properties we help our clients purchase, we rarely get to. This means that  we rely on the valuation or survey report, too, and if our investigation is  limited by a valuation report, we feel like the blind leading the blind!  Our goal as your lawyers is 100% client  satisfaction, 100% of the time, and a buyer who relies on a valuation and then
discovers problems with the property is not going to be a satisfied
client!  Conveyancing Manchester strongly  recommends that all buyers have at least a Home Condition survey done, if not a  Homebuyer’s Survey, and that commercial buyers consider a full structural  survey in every case.

If you’re considering purchasing a  property and want more information about the differences between valuations and
surveys, please give Alison or Pam a call and let Conveyancing Manchester help  you sort it out!

 

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Boundary Disputes

Boundary Disputes: You Can’t Put That Fence There!

Boundary DisputesOn your average terraced house, there is little question as to where your house ends and your neighbour’s begins. Your roughly rectangular house sits cheek-to-jowl with the houses on either side, on a roughly rectangular lot. Fences or stone walls separate the gardens in front and back. Because the walls and fences are clearly adjoining, everyone has the sense not to knock down or dig up the walls and fences without talking to their neighbour first.

But what if your lot isn’t rectangular? What if your neighbour doesn’t have the good sense to talk to you before sticking an oversized conservatory on the back of their house that undermines the adjoining wall?

You have just entered the hazy maze of property boundaries, and boundary disputes.

Because most houses come complete with walls and fences which seem to delineate the property’s boundaries, most homeowners who find themselves in a boundary dispute are shocked to discover that their home’s boundaries are not precisely defined. In fact, very few properties have “determined” boundaries (that is, boundaries that have been determined by a boundary survey). Some properties’ boundaries are set out in the title deeds, but since 2002 banks and buildings societies are no longer required to hold on to deeds, so such deeds may have been lost or destroyed.

Nor are boundary disputes always small problems that are easily solved

As anyone who has got into an argument with a neighbour knows, small disputes can escalate into grudge matches, with neither side willing to give an inch. Such a dispute over five and a half inches cost a homeowner in Devon nearly £20,000 in legal costs when he put up a high fence on his neighbour’s property while the neighbours were away on holiday. Boundary disputes can be protracted, expensive and leave such a cloud of distrust and dislike between neighbours that the homeowner fees they have no choice but to leave their home!

How is the wise homeowner to avoid the minefield of boundary disputes?

As with anything, an ounce of prevention is worth a pound of cure. When purchasing a property, a wise home buyer should ask their conveyancer whether the boundaries can be determined from the title deeds. If not, the homeowner should consider having a boundary survey done by a surveyor (this is similar to a homebuyer’s survey on the condition of the building, and usually in the same price range). Many buyers are reluctant to shoulder such a cost during the already expensive purchase process, but particularly for an odd-shaped or ill-defined lot (that is, where there are no clear boundary walls and fences), an initial outlay of a few hundred pounds could save thousands later.

Alternatively, some UK insurance companies offer comprehensive title policies which mirror the title insurance provided “across the pond” to homebuyers in the United States. These title insurance policies cover not only boundary disputes, but also the increasing problem of identity fraud, as well as false representations by sellers. The premiums for these title insurance policies are similar to the cost of a boundary survey.

Whether you are considering purchasing a property whose boundaries need to be defined, or currently own a property that could be subject to boundary problems, the first step is to know your options. At Redbird Conveyancing Manchester, we offer a free, one-hour consultation to assist our clients with any sort of property-related problem, including boundary disputes!

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Slake the Ache: Five Tips for (Re)negotiating Your Commercial Lease

Let Conveyancing Manchester Prepare Your New Commercial Lease

Conveyancing ManchesterThinking about taking or granting a new lease?  Or do you have a break clause coming up in an existing lease?  Negotiating a new lease or renegotiating an existing one can be a huge headache for both commercial landlords and tenants.  Here are five tips from Conveyancing Manchester to take the ‘ache’ out of lease negotiations: -

 

1.        Forget the old rules.  So much has changed in the commercial property market in the last two years, that old rules like ‘the tenant pays all the landlord’s fees and costs’ are being broken more often than they are being observed.  Start with a fresh slate and look for opportunities to save costs.

2.       Do your homework.  Investigate the market rents for the area.  This information is easily available online.  For commercial landlords, you need this information to set your expectations realistically, particularly if you have not let the property in the last year or two.  For commercial tenants, you need this information to know whether the rent demand is realistic.  For both parties, having comparable data will allow you to negotiate from a position of strength.

3.       Have a strategy going into the negotiation.  Know what you want with respect of the key terms and conditions of the lease (rent, term, rent reviews, break clauses, guarantee agreements).  Going into a negotiation without a strategy guarantees that you will come out worse off than a more prepared party! Conveyancing Manchester will prepare this for you.

4.       Be prepared to compromise.   The landlord-tenant relationship is a long-term relationship.  Getting off on the wrong foot by being overly aggressive in the initial negotiations may sour the relationship before it has even begun.  Know what the key issues are for you in the lease negotiation and be prepared to compromise on issues that aren’t so important to you.  Remember, this is the beginning of a relationship that will last years.  Don’t get off on the wrong foot!

5.       Keep an eye on the longer term.  Commercial property pundits are predicting that rents will start to rise again in late 2012 or early 2013.  For commercial landlords, this means that longer leases (more than 5 years) agreed at today’s reduced rents could be a losing proposition in just a year or two.  To avoid being stuck in a ‘losing lease,’ commercial landlords should consider options such as a reduced initial rent, a rent review after two to three years, or a break clause after a few years to avoid being stuck with an underpaying tenant over the longer term.  For commercial tenants, this is a great opportunity to lock in a low rent for several years and cut down one of the biggest business overheads.

Conveyancing Manchester Will negotiate On your Behalf

Negotiating your lease does not have to be a headache, and can result in significant savings for tenants and a secure income stream for landlords if done right.   The most important thing is to be prepared.  At Redbird Conveyancing Manchester Limited, we offer a free, one-hour consultation to help strategize and prepare for lease negotiations.  Give Pam O’Brien a call on 01706 281 016 and let the ‘birds’ at Redbird help you sort it out!

Conveyancing Manchester – The Legal Stuff!

©Pamela R. O’Brien 2011.  All rights reserved.  The information in this article is provided for general purposes only and is not a substitute for specific legal advice.  No legal relationship is created between Conveyancing Manchester and readers of this article.

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Lack of TRUST in Purchasing Property?

Conveyancing Manchester Highlights The Problems Of Divorce

Conveyancing ManchesterMost couples buying a house together don’t think about separating or getting divorced, yet one in ten marriages do not make it past the fifth anniversary. At Redbird Conveyancing Manchester, we try to help our clients think ahead to even the less-than-pleasant possibilities during the purchasing process.

A key consideration in buying a house is the way a couple will own the property. At law, this is known as tenancy and in the UK there are two types of tenancy: joint tenants and tenants-in-common. See Conveyancing Manchester post Are you a couple or a twosome?

Joint tenants hold the property indivisibly, that is, each partner has a 100% interest in the entire property. This form of tenancy is often attractive to married couples because the jointly owned property passes to a surviving spouse without going through the lengthy and expensive process of probate – allowing the surviving spouse to sell immediately should he or she need to do so (thus easing the financial burden which may be caused by the death of a partner). Joint tenancy is also attractive because the transfer of the property to the surviving spouse does not attract inheritance tax.

Recent Court Cases Discovered By Conveyancing Manchester

However, death is not the only consideration when planning how to hold property. A recent legal case, Jones v. Kernott [2009], highlights the importance of planning not just for death but for separation and divorce. In Jones v. Kernott, an unmarried couple bought a house as joint tenants. They lived at the house together for nine years. They shared the mortgage payments and household bills until the relationship broke down and the man moved out. The man then bought his own house. Eventually, the man served a notice severing the joint tenancy and requesting his 50% share in the property. The woman objected and the court sided with her. The court held that where the man had moved out and purchased his own property, leaving the woman to shoulder the entire financial responsibility for the house, a 90/10 split in favour of the woman was ‘fair and reasonable’ under the circumstances. Getting only 10% of the equity of a house that he had lived in for nine years was probably not what the gentleman in Jones v. Kernott had in mind when he originally purchased the property as a joint tenant!

Allow Redbird Conveyancing Manchester To Organise Your Deed Of Trust

To avoid such unexpected results, even married couples purchasing as joint tenants should consider a Deed of Trust. A Deed of Trust sets out exactly what shares each owner has in the property and is determinative in a later divorce proceeding. A Deed of Trust does not diminish the estate-planning benefits of holding as joint tenants and gives both parties certainty going forward. There aren’t many guarantees in home ownership these days, but with a Deed of Trust, at least the owners know exactly what they own, and what they will receive in the event of a break-down in their relationship.

So when you consider how to hold your future home, give some thought to a Deed of Trust! The author of this article is Pamela O’Brien of Redbird Conveyancing Manchester.

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Getting Your Property Ready For Sale – the Legal Perspective

The Conveyancing Manchester Guide

Conveyancing ManchesterThe spring property market is here and you’re ready to put your house up for sale.  You’ve watched every episode of “House Doctor.”  You’ve repainted the lounge in a lovely shade of magnolia.  You’ve bought vanilla-scented candles for every room.  You’ve got your first viewings lined up for the weekend.  Your house is 100% ready to sell. Or is it?…..

Before you put your property on the market, take the time to “spruce up” the legal title to your property as well as the house’s appearance.  Everyone wants their sale to complete quickly, but small defects in the title can lead to days or even weeks of delay.  Here are some steps that Redbird Conveyancing Manchester believes every homeowner should take to make sure their sale sails through: -

  • Download a copy of the title register for your house.  You can obtain this for a small fee from H M Land Registry through Click for HM Land Registry.  The title register should show whether you have any mortgages, loans or charges on the property.  Particularly in these difficult financial times, charges may have been put on by utility companies and credit card holders if you have had difficulty paying them.  If so, get in touch with these creditors and advise them that you’re looking to sell the property and get a statement of what is owing so you can provide this to your legal representative.
  • Pull together the title deeds for the house.  Conveyancing Manchester can confirm that most mortgage lenders do not hold title deeds anymore, so you may have received the property’s deeds when you purchased the property or if you have recently re-mortgaged.  Give the title deeds to your legal representative at the start of the transaction so they can prepare the contract for sale immediately.
  • Pull together all consents, warranties and guarantees for any works done at the property.  For example, if you have had replacement windows installed since April 2002, you will need building regulation consent or a FENSA certificate from the installer.  If these documents have been lost, you should be able to obtain copies from the Local Authority or online: FENSA Certificate.  Give these documents to your legal representative along with your title deeds.
  • Pull together a set of recent utility bills (the water bill is most important, but your legal representative will probably also ask for a council tax bill and maybe electricity) and give them to your legal representative along with your title deeds.  Conveyancing Manchester will need the water bill for proof of connection since personal water and drainage searches done by buyers’ solicitors often do not show whether the property is connected to the mains.  If you pay your bills by direct debit, make sure to get an annual statement from the utility provider and give that to your legal representative instead.
  • Have an Energy Performance Certificate (EPC) done.  Although Home Information Packs are gone, an EPC is still required for every sale.  Obtain a hard copy of the EPC and provide it to your legal representative with the title deeds.  If you are selling through an estate agent, your estate agent can assist you with getting an EPC done, although they may more expensive than going to an EPC provider directly, such as P.S.G. Manchester.
  • If your property is a leasehold property, request an up-to-date ground rent receipt from the landlord and provide it to your legal representative with the title deeds.

Taking the time to “spruce up” your title can save days or even weeks at the end of the transaction and avoid the needless frustration that so many sellers feel when completion is delayed because the buyer’s solicitors are “still waiting” for a replacement FENSA certificate or ground-rent receipt.  If you pull together this basic documentation about your property as soon as your house is put on the market, you will have time to obtain any documents that have been lost before a sale is agreed and the legal work begins.  Assuring your buyer that your legal title is in as good shape as your home may even help sell your house!

This article is intended as general information and is not a substitute for specific legal advice. Pamela O’Brien is the managing director of Redbird Conveyancing Manchester.

 

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Residential & Commercial Conveyancing Manchester

Let Conveyancing Manchester Tackle Your House Move

We know that buying or selling a property can be a very stressful experience, fraught with frustration and also extremely expensive. Our aim is to make your project easy and rewarding.

Redbird Conveyancing Manchester will communicate  with you every step of the way in a clear and frequent manner, helping you through the legal intricacies of buying, selling, re-mortgaging or releasing equity in your property. Our focus is always on you, and, if you require updates along the way, Redbird Conveyancing Manchester will be happy to telephone, email, text, post to your Facebook wall or even write. We will always tailor our approach to suit you.

Personal Service At Conveyancing Manchester

At Redbird Conveyancing Manchester you will always have access to your conveyancer, not a faceless call centre worker reading from a computer screen. Your conveyancer will provide you with their personal mobile telephone number at  the outset of the transaction and you are free to call at any time of the day with any queries or concerns you may have.

We also act for many property investors and appreciate the need for a speedy, professional service. We always strive to complete transactions within 3-4 weeks, but if we can’t for any reason, you will be the first to know why.

Fixed Fees From Conveyancing Manchester

Finally, in these tough economic times we understand that many people have fears about the expenses they will incur from this necessary work. To alleviate these fears we operate on a fixed fee basis for all our residential transactions, allowing you the opportunity to budget for your purchase, sale or re-mortgage right from inception.

A client who is aware of all the implications of their transaction is a happy client, and our intention is to give our clients 100% satisfaction, all of the time.

Use Redbird Conveyancing Manchester For Your Commercial Transactions

Conveyancing Manchester

If you are buying or selling a business, or taking over a shop lease on a commercial unit, it is important that you engage the help of a lawyer to navigate you through the legal pitfalls of commercial conveyancing. Redbird Conveyancing Manchester not only does that in the most efficient manner, but also understands that as a busy business person you also need a lawyer who responds quickly to your needs.

Conveyancing Manchester always focuses on you, our client. Part of our commercial operation includes:

•    Taking instruction by e-mail
•    Meeting with you out of hours
•    Instructing other professionals on your behalf to obtain certificates and consents.
•    Shaping the transaction to meet your needs.
•    Understanding budget constraints

We operate on a fixed fee in almost every case, so you are aware from the outset the full extent of our fees. The service from Redbird Conveyancing Manchester  is bespoke but our prices are not.

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Redbird Conveyancing Manchester – Are you a couple or a twosome?

Pam from Conveyancing Manchester Explains:

Moving on from our last post when we discussed the implications of purchasing a property, we are now going to discuss the most common transaction where Redbird Conveyancing Manchester can help you, and that is in the case of a joint house purchase. In this situation the legal title of the property is held by both parties in one of two legal terms. The first is ‘joint tenants’ and the second is ‘tenants in common’.  Don’t let the word ‘tenant’ fool you. This terminology applies to both freehold and leasehold properties. There is a big difference between the two different titles.

Conveyancing ManchesterJoint tenants own the whole of the property as one entity; in other words no one person has the right over any part of the property and if they were to sell,  the proceeds of the sale of the house would be divided equally between them. In the meantime, if there was a bereavement of one of the joint tenants, then the share of the deceased would pass to the survivor who would then own the property outright in his or her name.  This is typically how a married couples’s property would be legally written.

Conveyancing Manchester Can Also Arrange Your Wills

Tenants in common each have a defined share of the property ie. one person could own one quarter of the property and the other three quarters. This would usually apply to friends who had bought a property together and one had supplied three quarters of the deposit and was paying three quarters of the monthly mortgage repayments. In the event of a tenant in common dying, the share of the deceased does not automatically pass to the survivor, but is dealt with in the normal way through wills and probate. If purchasing a property in this way Redbird conveyancing Manchester always advises that a valid current will is in place. There is also another legal document entitled a ‘declaration of trust’ which is put into place with a ‘tenants in common’ arrangement which makes provision for each of the parties upon the sale of the property. This will outline how the proceeds from the sale will be split between the two parties, for example it may be a 50/50 split or it may have provision for each of the parties to receive back their initial deposits and then split any surplus 50/50. Again, Redbird Conveyancing Manchester will assist you to draw this document up prior to completion of the house purchase.

Conveyancing Manchester Will Advise You On The Best Route

Deciding upon the best type of legal ownership will purely depend on a couple’s financial position at the time of the purchase. As previously stated the general trend will be for married couples to use the ‘joint tenants’ route. However there may be extenuating circumstances whereby a married couple will adopt the ‘tenants in common’ option , such as complex tax arrangements between them. Redbird Conveyancing Manchester can recommend specialist tax consultants who will help you decide upon the best route for your personal circumstances.

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