We're in Birstall, FTBs buying with a mortgage (lender is Leeds Building Society , and our lawyer is on the Leeds Building Society conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Leeds Building Society conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I'm the single recipient of my late father’s will and I have everything in my name now, including the house in Birstall. Conveyancing formalities meant that the Land Registry date was in June. I want to move. I understand that there is a CML six month 'rule', which means that my property ownership may be considered the same way as if I'd bought the property in June. Do I have to wait half a year to sell?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How sensible a view banks take of it, depend on the bank as this clause is principally there to capture subsales or the flipping of properties.
I have decided to exercise my right to buy my property in Birstall off the council. I have a mortgage agreed with Co-operative. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Birstall building society branch on a couple of occasions and was advised it wasn't a problem and they will lend. My Birstall conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their specific requirements. Who do I believe?
Provided that the property lawyer is on the mortgage company approved list, she or he must adhere to the CML Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Due to the guidance of my in-laws I had a survey completed on a house in Birstall ahead of retaining conveyancers. I have been informed that there is a flying freehold aspect to the house. The surveyor has said that some mortgage companies will refuse to grant a mortgage on a flying freehold home.
It depends who your proposed lender is. Santander has different requirements from Nationwide. If you call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Birstall. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Birstall to see if the conveyancing costs will increase in light of this.
Harry (my fiance) and I may need to sub-let our Birstall garden flat temporarily due to taking a sabbatical. We instructed a Birstall conveyancing firm in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
Even though your previous Birstall conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you must obtain consent from your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent should not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.
Birstall Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
How much is the yearly maintenance fee and ground rent? Is anyone aware of any major works in the near future that could increase the service costs? What is the name of the managing agents?
Me and my husband have agreed a price on a Birstall house we inherited 5 years ago in 2010. I have over 12 years conveyancing knowledge and, although retired, wish to do my own conveyancing. The buyer's conveyancing practitioner has informed me that their mortgage company will not allow you to do your own conveyancing insisting the funds to be sent to a solicitor's bank account.
Mortgage requirements to conveyancing practitioners from all CML members state that If the seller is not legally represented the buyer’s lawyers should check whether the bank needs to be notified so that a decision can be made as to whether or not they are willing to progress.