My lawyer has discovered a a legal deficiency with the lease for the property we are purchasing in Dyffryn Ardudwy. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancing practitioner has advised that he must ensure that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank 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 lender 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 property lawyer will have no choice but to discontinue acting for you.
Completed the sale of my flat in Dyffryn Ardudwy last December but my buyer keeps SMS messaging every few hours to moan that her conveyancer is waiting to hear from mylawyer. What should have happened following completion?
After completion of your sale your solicitor should deliver the transfer deeds and all additional paperwork to the buyer’s conveyancer. Depending on the transaction, your conveyancer must also evidence that the home loan has been discharged to the purchasers lawyers. There are no post completion requirements peculiar conveyancing in Dyffryn Ardudwy.
I used Arc property Solicitors several years past for my conveyancing in Dyffryn Ardudwy. Now, I need the documents however the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Dyffryn Ardudwy of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the guidance of my in-laws I had a survey completed on a property in Dyffryn Ardudwy before instructing lawyers. I have been informed that there is a flying freehold overhang to the house. My surveyor has said that some lenders tend refuse to give a mortgage on a flying freehold house.
It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you contact us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Dyffryn Ardudwy. Conveyancing will be smoother if you use a solicitor in Dyffryn Ardudwy especially if they are accustomed to such properties in Dyffryn Ardudwy.
Can you offer any advice when it comes to choosing a Dyffryn Ardudwy conveyancing practice to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a Dyffryn Ardudwy conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggest that you speak with several firms including non Dyffryn Ardudwy conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be useful:
What are the charges for lease extension work? How familiar is the firm with lease extension legislation?
Leasehold Conveyancing in Dyffryn Ardudwy - A selection of Questions you should ask before Purchasing
It is important to be aware whether redecorating or some other major work is due in the near future to be shared amongst the tenants and may well dramatically impact the level of the service fees or result in a specific payment. Generally speaking the outlay for major works tend not to be included within service charges, albeit that some managing agents in Dyffryn Ardudwy ask leaseholders to pay into a sinking fund created for the specific intention of establishing a fund for larger repairs or maintenance. It would be a good idea to find out if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Dyffryn Ardudwy. If you like the propertyin Dyffryn Ardudwy but your dog is not allowed to make the move with you then you have a very hard decision.