FAQ’s 2018-01-24T10:29:59+00:00

FREQUENTLY ASKED QUESTIONS

Having problems with internet conveyancers or ‘property lawyers’? 2018-01-17T16:19:41+00:00

What to do – Telephone 01282 860606 or email Colne@cs-b.co.uk today for advice.

Typical problems – Long delays, hidden extras, cannot speak to a solicitor, work to rule attitude, computer says no,

We advise on – underquoting or overcharging, complaints procedures, conveyancing protocols, and relying on rules of professional conduct.

What you can achieve – Faster response, lower your costs if they are unfair or too high, provide an alternative 1 to 1 conveyancing service

Can you offer legal advice 2018-01-17T16:22:51+00:00

We’ve been established as solicitors since 1928. We’ve been around for so long because we’ve adapted to the times. The electronic age has brought not only new laws but also new ways of communicating and providing legal advice. The need to act quickly has become more important than ever. As well as running two traditional offices from 9:00 to 5:30 in Nelson and Colne in Lancashire we provide full secure internet based legal files 24 hours a day so you can get the advice you want when you want it, where ever you are in the world.

We support the Law Society’s will drafting campaign and we were one of the first firms in the area to be admitted to the Conveyancing Quality Scheme. This ensures that we are on all the major banks and building society mortgage panels, including Nationwide, Santander, HBOS including the Halifax, Yorkshire Bank, Virgin, Brittania and all other major societies.

As well as residential conveyancing we deal with all kinds of legal matters. Please contact us to discuss any problems you have.

  • Charity advice;
  • Day to day conveyancing advice when you move house;
  • Arranging a trust for the family home;
  • Writing wills, dealing with deaths and bereavements;
  • Business leases and commercial property;
  • Claiming for commercial debts and breaches of trade contracts;
  • Starting a new business;
  • Contested wills, breach of trust;
  • Company matters and minority shareholder issues;
  • Correcting deeds and defective titles.

If you do not see what you’re looking for we’re happy to meet you for a first free interview to see if we can help. Contact us today.

We want to make wills, can we make a joint will? 2018-01-17T16:21:25+00:00

No! The law is you must make one will each. If you are married or living together then people often make identical wills with their names reversed (mirror or mutual wills). You need to decide whether your wills can be revoked in the future, or are set in stone from now on. You also need to think about what property will be included; if you own a house as joint tenants it cannot be included in the will. If you want to shares in the house to another person, you must register at the Land Registry as tenants in common and include special provisions in your will.

Do you just do conveyancing? 2018-01-17T16:23:52+00:00

Litigation is a complex area of law.

We specialise in private and commercial debts, disputed contracts, chancery claims, disputed company and partnership matters, and disputed wills and trusts.

We’ve helped many clients throughout the North West, people and companies who have not been paid, contracts that have not been performed properly, people who have been cut out of wills, dealing with rogue company directors, company share devaluations and minority share holdings.

Please contact us for further advice.

Information for Tenants 2018-01-17T16:39:46+00:00

The CS&B guide to renting

Application Fee

Once you have found a suitable property you will need to complete an application for tenancy. Each tenant will need to complete their own application. An application fee of £75.00 per person is payable for credit and reference checks as well as the administration involved. This fee is non-refundable should you decide to no longer proceed with your application or your references prove to be unsuitable. Once the application fee has been paid no further applications for the property will be accepted pending the outcome.

Guarantor

If you are a student, unemployed, have a bad credit history, or your salary does not meet the required amount you may need to provide a guarantor. A guarantor is someone who agrees to pay the rent, should the tenant default. The guarantor will be required to complete an application form and sign a legally binding agreement. A fee of £75.00 will be required for credit checks, reference checks and administration.

Identification

For each applicant, we require photographic identification, i.e. driving licence/passport, as well as proof of address, i.e. bank statement, utility or council tax bill no more than 3 months old. We will also need the same identification for guarantors, where applicable.

References

We will require references from your current employer and landlord (where applicable) and details of these will need to be provided by you. We will obtain the necessary references required but it is advisable for you to inform the relevant persons beforehand that we will be contacting them so we may receive a prompt reply. Should any reply be unsatisfactory or the information you have provided is inaccurate, we will be unable to proceed with your application.

Application Accepted

Once your application has been accepted, we will arrange to draw up the tenancy agreement. At this stage, we required half of the first month’s rent to be paid. This is non-refundable should you decide to withdraw at this stage. However, should the landlord wish to withdraw, the money will be returned to you.

Tenancy Agreement

The tenancy entered into will be an Assured Shorthold Tenancy for a period of 6 or 12 months. After the initial fixed period, the tenancy may be terminated or be left to run on a monthly periodic basis. On agreement from both the landlord and tenant, the tenancy may be extended. We will contact both parties towards the end of the fixed term to take instructions with regards to extending the tenancy.

Deposit

The deposit taken is the equivalent of one month’s rent plus £100. This is required as cleared funds at the commencement of the tenancy. The deposit is to cover the costs, if any, of neglect, misuse or damage by the tenant of furnishings, fittings and décor incurred during the tenancy or non-payment of rent. In accordance with the law, the deposit is held by the Deposit Protection Scheme (further details will be provided).

Rent

The balance of the first month’s rent is required as cleared funds on commencement of the tenancy. The rent thereafter is paid monthly in advance by standing order. This must be arranged by yourselves and must be dated at least three working days prior to the rent due date to allow for the banking process. If the rent is more than five days late reaching our account, a late payment fee will be charged, as outlined in the tenancy agreement.

Moving in

On the move in day the keys can be collected from our office. If we are managing the property, instead, we will arrange to meet you at the property. At this time we will take meter readings together and, where applicable, check through the inventory.

Utilities

The tenant is responsible for paying the utility bills and council tax. Relevant providers must be informed of your occupancy at the start of the tenancy period. Where the property is managed by ourselves, we will take meter readings and arrange for the transfer of the utilities and inform the council. We cannot, however, guarantee that our readings will be recognised and strongly recommend that you also inform the suppliers to ensure they have processed your details. With regards to a telephone connection, although there may be a socket present at the property, the landlord is not responsible for any charges made to connect or reconnect the line.

Maintenance

The landlord is responsible for maintenance and repair of the property and the fixtures and fittings provided. You are expected to look after the property and its contents in a ‘tenant like manner’. If works are required due to your misuse or neglect it will be your responsibility to cover the costs of repair. Any problems with the property or its fixtures and fittings must be reported as soon as they occur.

Insurance

You are responsible for arranging adequate contents insurance to cover your possessions. The landlord is responsible for insuring the building and their own contents but not your personal belongings.

Inspections

Where the property is managed by ourselves, we will conduct an inspection three months after the tenancy has commenced. Subsequent inspections will take place every three months thereafter. Prior notice will always be given.

Moving out

You must ensure the property is left clean and tidy on vacating. Where the property is managed by us, we will meet you at the property for you to hand over the keys. At this time we will take meter readings and go through the inventory (where applicable). It is optional whether or not you remain to attend to this with us. If we are not managing the property arrangements will need to be made with the landlord for the hand over of the keys.

As a tenant you must not:

  • Keep pets on the property without prior permission from the landlord;
  • smoke or allow anyone else to smoke in the property without prior permission from the landlord;
  • change the locks without prior permission from the landlord;
  • make any alterations to the property internally or externally, including decoration, without prior consent;
  • make any alterations to electrical wiring or plumbing without prior consent;
  • sub-let the property;
  • take in lodgers;
  • run a business from the property;
  • cause a nuisance to neighbours;
  • use the property for any illegal or immoral purposes.
Probate valuations 2018-01-17T16:27:34+00:00

We have many years experience in providing probate valuations on behalf of clients, whether or not we are instructed in the sale of the property.  This will be undertaken in a professional and sympathetic manner with a view to meeting the HMRC stringent guidelines for inheritance tax relief. Our local knowledge will help your chartered surveyors assessment.

Please contact us for details.

EPC (energy performance certificates) 2018-01-17T16:27:05+00:00

Under the provisions of current legislation, if you intend to sell a residential property, you are required to make available an Energy Performance Certificate. 

The EPC is part of a series of measures introduced across Europe which aims to cut buildings carbon emissions.  It must be present on all marketing material and is valid for 10 years.

We are able to quickly arrange an Energy Performance Certificate therefore avoiding any delay in the marketing of your property.

Contact us about your EPC.

Commercial Property, Business leases, sales and purchases 2018-01-17T16:25:53+00:00

Buying, selling and leasing commercial and business property needs to be handled quickly and with great care. If you’re starting a business for the first time, moving your business or expanding, or even retiring and selling up, we know that good fast legal advice can make the difference between success and failure.  Running your business is your goal, we are here to make sure you get the advice you need to keep it going, no matter what.

We’ve helped climbing walls, charities, food outlets and cafes, motor dealers, high street delicatessens, storage providers, new builds, property developers, private developers, hotels and bed and breakfasts for  buyers, sellers, landlords, tenants and investors.

We know your case is unique and it’s probably the most important thing on your mind.

Contact us today for further advice.

I need mortgage advice 2018-01-17T16:25:08+00:00

We can recommend prospective purchasers to Independent Mortgage Advisors who will assist in finding the most appropriate mortgage facility for your own individual personal circumstances.

Reposessions 2018-01-17T16:24:25+00:00

If you are having financial difficulties do not wait for your house to be repossessed. As both solicitors and estate agents we are in a unique position to assist you.

We can immediately market your property and negotiate terms and conditions with your lender to enable the sale to proceed under your control.

Please contact us without further delay for urgent advice.

What is the best kind of Power of Attorney for my relatives to use to look after me? 2018-01-17T16:21:52+00:00

Lasting powers of attorney are recommended for people who need support from their relatives. If you have memory problems or mental capacity issues an ordinary power of attorney is immediately invalid. A lasting power of attorney, which is registered, is valid regardless of the donor’s capacity or memory problems. Lasting powers are more expensive to set up, there is a large amount of documentation and a complex signing and notice procedure, but they save substantial costs and time when they are in place. If you have no capacity and no lasting power your relatives have to make an expensive court application to be appointed to deal with your affairs and take out special insurance!

What if I decide not to move house? 2018-01-17T16:21:00+00:00

If your house is still on the market, but you decide to withdraw then you will not incur any costs. After sales instructions are confirmed and if the sale does not go through you may incur costs for legal advice. But, you will be given written notice and we will ask for your agreement in the form of a client care before raising a legal bill. You will need to read the marketing agreement and your legal client care which set out the circumstances which you will have to pay, and if so how much.

Is the conveyancing quote accurate? 2018-01-17T16:20:36+00:00

Yes! Many firms provide very low quotes but do not disclose all the hidden costs in their quote. They may charge extra for checking searches for example. Unlike many firms we provide a full break down of all costs, including optional costs such as additional searches, trust deeds and new build costs. The best way to get an accurate quote is to ring and speak to a solicitor to go through all the items in the quote. You may find that the actual cost at the end will be lower than your quote.

How much will my conveyancing cost? 2018-01-17T16:20:06+00:00

We operate a fee scale depending on the price of your house. Please fill in our quote form for a quote. In certain circumstances we can reduce your bill for straight forward transactions. Please ask for assistance.