Me and my partner are buying residence in Chelsea. My Conveyancer is not on the mortgage company solicitor list. Can I still continue with my Chelsea conveyancing solicitor even though they are excluded from the lender approved list?
Various options include
- Carry on with your existing Chelsea lawyer but your lender will no doubt instruct a solicitor from their approved panel. The net result is additional cost and probable delay.
- Choose a new conveyancing practitioner to conduct the conveyancing, obviously checking they are on the bank conveyancing panel.
- Appeal to your property lawyer to apply to join the mortgage company panel
Our lawyer has identified a a problem with the lease for the property we are buying in Chelsea. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor says that he must ensure that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your lawyer 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 bank 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 conveyancer will have no choice but to discontinue acting for you.
It is is a decade since I bought my home in Chelsea. Conveyancing solicitors have now been instructed on the sale but I can't find the title deeds. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by your mortgage company or they may be in the possession of the solicitor who acted in your purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Chelsea involves registered property but in the unlikely event that your home is not registered it is more of a problem but is not insurmountable.
Despite weeks of looking the Title Certificate and documents to our house are lost. The solicitors who conducted the conveyancing in Chelsea 4 years ago have long since closed. Will I be able to sell the house?
You no longer need to hold title official documentation to establish that you are the registered proprietor of land or property, as the Land Registry hold details of all registered land or property electronically.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £225,000 garden flat in Chelsea next Monday. The landlords agents has quoted £384 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Chelsea?
For most leasehold sales in Chelsea conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
Completing pre-exchange enquiries
Where consent is required before sale in Chelsea
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Chelsea conveyancing firm to represent me?
Where there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to determine the premium.
An example of a Lease Extension matter before the tribunal for a Chelsea premises is 150A Albert Palace Mansions Lurline Gardens in July 2013. The Tribunal determined that the premium payable for the new lease of the subject property was £42,069 This case affected 1 flat. The unexpired term was 57.06 years.