Our conveyancer has identified a a problem with the lease for the property we are buying in Cirencester. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor has advised that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the lender?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the bank are the client. These conveyancing instructions must be adhered to.
I've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a quick, chain free conveyancing. Cirencester is the location of the property. Can you shed any light on this issue?
Flying freeholds in Cirencester are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cirencester you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cirencester 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 property.
Is it possible to transfer to a new conveyancer as I have to appoint a firm on the Norwich and Peterborough Building Society conveyancing list. I had appointed a local conveyancing solicitor in Cirencester five minutes from me but he is not accepted by Norwich and Peterborough Building Society
It would be our pleasure to help you select a conveyancing solicitor in Cirencester on the Norwich and Peterborough Building Society panel. Please note that the conveyancers that we on the directory do not pay us fee if you instruct them and are authorised and regulated by the Solicitors Regulation Authority who oversee all conveyancing solicitors in Cirencester. In utilising search facility on this page, you can compare and instruct different solicitors and conveyancers both nationally and in Cirencester.
Do you have any top tips for leasehold conveyancing in Cirencester from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Cirencester can be bypassed if you get in touch lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ representatives. In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Cirencester state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such alterations. Where you dont have the approvals to hand you should not contact the landlord without contacting your lawyer in the first instance. A minority of Cirencester 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 financial (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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers. If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled.
I acquired a 1 bedroom flat in Cirencester, conveyancing was carried out 7 years ago. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Cirencester with a long lease are worth £186,000. The average or mid-range amount of ground rent is £55 per annum. The lease finishes on 21st October 2078
With just 52 years left to run the likely cost is going to range between £29,500 and £34,000 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. 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 take any other action based on this information before getting professional advice.
I note that you have a search directory listing solicitors on the bank conveyancing panel. Do Cirencester conveyancing firms pay you a referral fee if I instruct them for my conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the bank conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint for your conveyancing in Cirencester.