My conveyancer has discovered a a problem with the lease for the property we are purchasing in Berkshire. The other side have offered title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
We are selling our flat in Berkshire. Will the conveyancing practitioner have to be required to be on the Kent Reliance conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Kent Reliance conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their conditions fairly frequently in recent years.
In what way can the Landlord & Tenant Act 1954 impact my commercial property in Berkshire and how can you help?
The particular law that you refer to gives security of tenure to commercial leaseholders, giving them the a statutory right to apply to court for a renewal lease and continue in occupation when the lease reaches an end. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and help with commercial conveyancing in Berkshire
We're first time buyers - had an offer accepted, but the selling agent advised that the vendor will only proceed if we appoint the agent's preferred solicitors as they need an ‘expedited deal’. My instinct tells me that we should use a high street conveyancer accustomed to conveyancing in Berkshire
We suspect that the owner is unaware of this demand. If they require ‘a quick sale', alienating a motivated purchaser is likely to cause more damage than good. Speak to the owners direct and explain that (a)you are motivated buyers (b)you are excited to move forward, with finances in place © you do not need to sell (d) you wish to move quickly (e)however you intend to use your preferred Berkshire conveyancing lawyers - rather thanthe ones that will give their estate agent a kickback or achieve conveyancing figures demanded by senior management.
My partner and I intend to buy our 1st property in Berkshire. Conveyancing lawyer has been selected. The financial consultant suggested that a survey is not needed as the property was only built twenty two years ago.
You would be best advised to take a Home Buyer's Report. As the property was built more than a decade ago the property will not come with a warranty, so you don't want to take a risk. For a property that age with no signs of defects a Home Buyer's report may be sufficient. They will highlight any obvious problems and suggest further investigation where appropriate. Where there are any indications of problems get a full Building Survey from the beginning.