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Recently asked questions about conveyancing in Clayhall

Having sold my house in Clayhall last May but our buyer keeps telephoning me to say his solicitor needs to hear from mine. What should my lawyer have done now that I have sold?

Following your house sale your conveyancer is obliged to send the transfer documentation and all additional paperwork to the purchaser's conveyancer. If applicable, your lawyer must also evidence that the legal charge in favour of the lender has been discharged to the buyers conveyancers. There is unlikely to be post completion steps peculiar conveyancing in Clayhall.

It has been 2 months following my purchase conveyancing in Clayhall completed. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £215,000. Why the discrepancy?

The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.

I am buying a new build apartment in Clayhall. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Set out below is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Clayhall

    The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

I opted to have a survey carried out on a property in Clayhall before appointing solicitors. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some lenders will refuse to issue a loan on this type of property.

It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Clayhall. Conveyancing will be smoother if you use a solicitor in Clayhall especially if they are familiar with such properties in Clayhall.

Having spent years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Clayhall. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to decide the price payable.

An example of a Freehold Enfranchisement decision for a Clayhall property is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The remaining number of years on the lease was 65 and 61.

What are the frequently found defects that you witness in leases for Clayhall properties?

There is nothing unique about leasehold conveyancing in Clayhall. All leases are drafted differently and drafting errors can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    Clauses dealing with recovering service charges for expenditure on the building or common parts.

You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Leeds Building Society, and Britannia all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

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Find out more about how flying freehold can affect your the value of a property.