I am helping my aunt sell her property in Dorset. Will the solicitor arrange the energy performance certificate or should I organise this?
After the abolition of Home Packs, energy assessments was maintained a compulsory component of moving house. An EPC needs to be commissioned before the property is placed on the market. It is not a task that law firms normally organise. Where you are instructing a Dorset conveyancing practitioner they might be willing to arrange EPC’s due to their contacts with long established local providers
I am the sole recipient of my late father’s estate with all property in now in my sole name, including the house in Dorset. The Dorset property was put into my name in March. I now wish to sell up. I do know about the Mortgage Lenders 6 month 'rule', meaning my property ownership will be considered the same way as if I'd bought the property in March. Will no one buy the property for half a year?
The CML handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be impacted by that. Some mortgage companies would take a practical view as this requirement is chiefly there to pick up on subsales or the quick reselling of properties.
We had instructed conveyancers based in Dorset on the Principality solicitor approved list. They have just invoiced me a supplemental amount for handling the Principality mortgage. Is this a supplemental conveyancing fee set by Principality?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your conveyancing practitioner is entitled to charge a fee for this. This fee is not dictated by Principality but by your Dorset conveyancer. Some firms on the Principality panel will charge an ‘acting for lender’ fee but plenty of practices incorporate it on their overall fee.
The deeds to our home can not be found. The conveyancers who handled the conveyancing in Dorset 10 years ago no longer exist. What do I do?
As long as the title is registered the information relating to your proprietorship will be retained by the Land Registry with a Title Number. It is easy to execute a search at the Land Registry, locate your house and order up to date copies of the Registered Entries for less than a fiver. Where the title is Leasehold then the Land Registry will also normally retain a file duplicate of the Registered Lease and again, a copy can be ordered for twenty pounds.
I'm buying a new build house in Dorset with a loan from HSBC Bank. The sellers would not reduce the amount so I negotiated 6k of additionals instead. The house builders rep suggested that I not inform my solicitor about this extras as it could jeopardize my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the encouragement of my in-laws I had a survey completed on a house in Dorset in advance of appointing conveyancers. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some banks tend not issue a mortgage on such a property.
It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you contact us we can investigate further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Dorset. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Dorset to see if the conveyancing will be more expensive.
What advice can you give us when it comes to finding a Dorset conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Dorset conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Dorset conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be useful:
If they are not ALEP accredited then why not? What are the costs for lease extension conveyancing?
Dorset Leasehold Conveyancing - Sample of Queries before Purchasing
Are any of leasehold owners in dispute over their service charge payments? You should want to discover as much as you can concerning the managing agents as they will either make life much simpler or much more difficult. As the owner of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to day to day matters such as the upkeep of the communal areas. Enquire of other tenants what they think of their service. On a final note, find out the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds. Please note if it is fewer than eighty years it will affect the marketability of the flat. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will probably need a lease extension at some point and you need to have some idea of how much this will be. Remember, in most cases you would be be obliged to have been the owner of the residence for a couple of years before you are eligible to exercise a lease extension.