I am acquiring residence in Bristol. My Conveyancer is not on the lender conveyancing panel. Am I still permitted to appoint my Bristol conveyancing solicitor notwithstanding that they are not on the mortgage company list of approved lawyers?
You will need to have a conveyancing practitioner to deal with the legal work required if you require a loan to purchase your home. The solicitor will carry out all the necessary due diligence on the property, ensuring that you will be properly registered as the owner and ensure that all the required mortgage paperwork is in place. You could appoint a Bristol solicitor of your choice. However, where the solicitor appointed is not a member of the mortgage company conveyancing panel further fees will arise as separate legal representation will be need by the mortgage company. Lender panel applications can be submitted, so provided your lawyer has not historically applied for membership they should take the opportunity to apply.
We have rather brash sellers who has suggested a lock out agreement with a down payment two thousand pounds. Are such agreements sensible?
This kind of agreement is unusual in Bristol, conveyancers will often encourage clients away from them as they detract from the primary objective, namely conveyancing and if you end up losing your deposit then the lawyer is left exposed. Furthermore, there is no guarantee that just because the owner has entered into a lock out agreement they will complete the sale with you. They may be inclined to break the agreement if they receive a large enough incentive to do so because a wronged purchaser with the benefit of a exclusivitycontract will still be duty bound to show losses as a consequence of the breach and this may not equate the extra amount that the owner may gain by breaching the contract, however morally unworthy that may be.
When scouring consumer advice sites for a cheap lawyer in Bristol, most post that I should use a CQS kitemarked lawyer. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to prudent and efficient conveyancing processes via the scheme protocol Membership covers numerous companies who execute conveyancing in Bristol.
I have been on the look out for a flat up to £245,000 and identified one close by in Bristol I like with amenity areas and station nearby, the downside is that it only has 49 years unexpired on the lease. I can't really find anything else in Bristol for this price, so just wondered if I would be making a mistake buying a lease with such few years left?
If you require a home loan the remaining unexpired lease term will be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the property for at least 2 years you may request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease term with a zero ground rent applied. You should speak to your conveyancing lawyer regarding this.
I am attracted to a couple of maisonettes in Bristol which have about fifty years remaining on the lease term. Should I regard a short lease as a deal breaker?
There is no doubt about it. A leasehold flat in Bristol is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it reduces the marketability of the premises. For most purchasers and lenders, leases with under eighty years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Bristol conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I purchased a split level flat in Bristol, conveyancing was carried out half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Bristol with over 90 years remaining are worth £195,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease comes to an end on 21st October 2081
With just 63 years remaining on your lease we estimate the premium for your lease extension to be between £16,200 and £18,600 as well as professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.