I am 4 weeks into the sale of my flat in Blackfriars and the EA has just called to warn that the buyers are appointing a new conveyancer. I am told that this is due to the fact that the mortgage company will only engage with property lawyers on their conveyancing panel. On what basis would a major mortgage company only work with certain solicitors rather the firm that they want to select to handle their conveyancing in Blackfriars ?
Banks have always had an approved set of law firms they are content to work with, but in recent years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.
Banks point to the increase in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.
Can conveyancing in Blackfriars to be done in less than 3 weeks?
Where the seller is applying a tight deadline for your conveyancing it is advisable to make sure that your lawyer is familiar with the location as they will have local relationships and intelligence. It is even conceivable that they may have handled otherhouses in the same neighbourhood. You would be best advised to use a Blackfriars conveyancing firm. Second, check that the conveyancing firm is on the member panel. It is claimed that nearly one in five of Blackfriars conveyancing transactions are held up or jeopardised after finding out that a purchaser’s lawyer was not on their banks list of approved solicitors. This can often result in the conveyancing being held up by almost 21 days. It is believed that this issue affects in the region of one hundred thousand home sales annually. Most Blackfriars conveyancing firms can not represent certain mortgage companies so do check at the outset.
Do the Building Society Association intend to launch a search tool with a view to to identify law firms on the Earl Shilton BS conveyancing panel for instance in Blackfriars?
We have not been informed any plans on the part of the BSA to promote such a tool.
The estate agent has sent us the confirmation of our purchase of a new build flat in Blackfriars. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Blackfriars
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Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
Due to exchange soon on a garden flat in Blackfriars. Conveyancing lawyers inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Blackfriars should include some of the following:
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It needs to be made clear to you if the lease allows you to alter or improve anything in the property- you must be made aware as to whether it relates to all alterations or just structural alteration, and whether licences for alterations is mandated necessary Where does the liability rest for maintaining the window frames Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? Your conveyancers should enable you to have an understanding of the building insurance provisions What remedies are open the freeholder should you are in breach of your lease terms?
I have given up trying to purchase the freehold in Blackfriars. Can the Leasehold Valuation Tribunal adjudicate on premiums?
in cases where there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the LVT to decide the price.
An example of a Lease Extension case for a Blackfriars premises is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case affected 1 flat. The unexpired term was 66.8 years.