Please help. My Bournville conveyancer is assuring me that he has toapply for Bournville conveyancing searches due to the fact thatthe firm are on the Virgin Moneysolicitor panel. Is my solicitor right?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a lender your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Bournville conveyancing searches.
The mortgage over my property is with Skipton for my property in Bournville. Conveyancing was finalised 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Skipton?
Your original mortgage agreement with Skipton will provide that you need their approval prior to letting out your property as this is likely to be a breach of Skipton’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Skipton directly. You need not do this via a Skipton conveyancing panel firm.
Completion of my remortgage has taken place for my property in Bournville. Conveyancing was of an acceptable standard but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. We understand that complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
After weeks of negotiation I have agreed a price on an apartment in Bournville. My mortgage broker pressured me to appoint their solicitor. I paid an advanced payment of £225. A couple of days later, the property lawyer contacted me sheepishly admitting that they were not on the Principality conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Principality panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a straight forward, no chain conveyancing. Bournville is where the house is located. Can you shed any light on this issue?
Flying freeholds in Bournville are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bournville you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bournville may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
In my capacity as executor for the estate of my grandmother I am disposing of a property in Newport but I am based in Bournville. My solicitor (based 200 miles awayrequires that I execute a stat dec ahead of the transaction finalising. Could you suggest a conveyancing solicitor in Bournville to attest this legal document for me?
Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are located in Bournville
Do you have any advice for leasehold conveyancing in Bournville from the perspective of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Bournville can be bypassed if you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers’ lawyers. If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Arranging a new share certificate can be a time consuming formality and frustrates many a Bournville conveyancing deal. If a duplicate share certificate is necessary, do contact the company officers or managing agents (if relevant) for this as soon as possible. If you have had any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to unresolved. Some Bournville leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
Bournville Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
Generally speaking the cost for major works are not included within maintenance charges, albeit that a few managing agents in Bournville require leasehold owners to pay into a reserve fund and this is used to offset against major works. This information is useful as a) areas can cause problems for the block as the communal areas may start to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the running of the building you will wish to have all the details