We had instructed solicitors located in Aylesbury on the Principality solicitor approved list. They are now charging me a supplemental charge for the legal aspects of the Principality mortgage. Is this a supplemental conveyancing fee specified by Principality?
Unfortunately, as long as it is in their Terms and Conditions or estimate then yes your lawyer can levy a fee for this. This charge is not dictated by Principality but by your Aylesbury lawyer. Some firms on the Principality panel will levy an ‘acting for lender’ fee but many firms incorporate it on their overall fee.
I have paid off my mortgage with Lloyds. I assume I don't need a Aylesbury conveyancer on the Lloyds panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
I am due to exchange contracts on my house. I had a double glazing fitted in April 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Leeds Building Society are being difficult. The Aylesbury solicitor who is on the Leeds Building Society conveyancing panel is recommending indemnity insurance as a solution but Leeds Building Society are requiring a building regulation certificate. Why do Leeds Building Society have a conveyancing panel if they don't accept advice from them?
It is probably the case that Leeds Building Society have referred the matter to their valuer. The reason why Leeds Building Society may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
My colleague suggested that where I am buying in Aylesbury I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is sometimes quoted for as part of the standard Aylesbury conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Aylesbury around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Aylesbury Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Aylesbury Education with maps and statistics, Local Amenities and other useful data concerning Aylesbury.
How does conveyancing in Aylesbury differ for new build properties?
Most buyers of new build or newly converted property in Aylesbury come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is ready to move into. This is because house builders in Aylesbury tend to buy 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 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 used to new build conveyancing in Aylesbury or who has acted in the same development.
I decided to have a survey done on a house in Aylesbury in advance of appointing lawyers. I have been advised that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies may not grant a mortgage on this type of property.
It depends who your proposed lender is. HSBC has different requirements from Halifax. If you call us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Aylesbury. Conveyancing will be smoother if you use a solicitor in Aylesbury especially if they are accustomed to such properties in Aylesbury.
Last September I purchased a leasehold flat in Aylesbury. Am I liable to pay service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Aylesbury Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
You should be aware that where the lease has no more than 80 years it will affect the salability of the flat. Check with your lender that they are content with residual term of the lease. Leases with less than 80 years remaining means that you will probably need a lease extension at some point and you need to have some idea of how much this will be. For most Aylesburylease extensions you would need to own the premises for 24 months in order to be entitled to extend the lease. Is there a share of the freehold? What is the length of the lease?