My conveyancer has identified a a problem with the lease for the flat we are purchasing in Denbighshire. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancer says that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company 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 conveyancing practitioner will have no choice but to discontinue acting for you.
When reading consumer advice sites for an online lawyer in Denbighshire, many comment that I must use a CQS assured solicitor. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a kitemark 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 procedures via the scheme protocol Membership includes numerous partnerships who perform conveyancing in Denbighshire.
Have completed on a a terraced house in Denbighshire , What is the estimated time for the Land Registry to record the transfer to my name? My Denbighshire conveyancing solicitor has been very slow, so I want to be certain that my name is registered.
As far as conveyancing in Denbighshire registration is no faster or slower than the rest of the country. As opposed to being determined by geographic area, timescales can adjust subject to the party submitting the application, whether it is in order and if the Land registry must send notices to any interested parties. Currently roughly three quarters of submission are fully addressed within two weeks but some can be subject to protracted delays. Historically registration takes place after the purchaser is living at the premises thus 'speed' is not always top priority yet where there is a degree of urgency associated with the registration then you or your conveyancer must contact the land registry and explain the circumstances.
In what way can the Landlord & Tenant Act 1954 affect my business property in Denbighshire and how can your lawyers assist?
The particular law that you refer to gives protection to commercial lessees, granting the legal entitlement to apply to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Denbighshire is one of our hundreds of areas of the UK in which our lawyers are based
What can I do where I am not happy with the conveyancing practitioner who handled our conveyancing in Denbighshire?
We live in an imperfect world, and is is a fact of life that occasionally things do go wrong. However there is recourse where you were dissatisfied with your conveyancing in Denbighshire. This varies from trying to resolve matters directly with them, through to reporting a lawyer to their regulator. If you remain unhappy you may consider getting in touch with the Legal Ombudsman.