My husband and I intend to remortgage our penthouse in Fillongley with Principality. We have a son approaching twenty who lives at home. Our solicitor requested us to identify any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is repossessed. I have a couple of questions (1) Is this form unique to the Principality conveyancing panel as he never had to sign this form when we bought 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Principality. This is solely used to protect Principality if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Principality had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I am purchasing a semi-detached house in Fillongley. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Fillongley you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Fillongley.
I have been sourcing a conveyancing solicitor in Fillongley for my house move. Can I review a solicitor's record with the legal regulator?
Members of the public may see presented Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, call +44 (0)121 329 6800. The regulator could monitor call for training purposes.
I am a negotiator for a reputable estate agent office in Fillongley where we have experienced a few flat sales put at risk as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Fillongley conveyancing firms. Please can you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Fillongley Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying
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How much is the yearly maintenance fee and ground rent? How many years remain on the lease? On the whole the cost for major works tend not to be built into the service charges, although some managing agents in Fillongley obliged leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for larger repairs or maintenance.
New build sellers have put forward a solicitor and I've received an estimate from them. They are nearly two hundred pounds cheaper than my own Fillongley conveyancer. Should I use them?
Developers normally have panels of solicitors who are quick and who know the seller’s paperwork and lawyer. As many developers offer an incentive to use their approved solicitor for this reason, any increased fees can be avoided and a developer will not put forward a conveyancing factory and run the risk of having the conveyancing stall when they require an exchange inside a month. The argument for not opting for the recommended lawyer is that they may be hesitant to fight for your interests at the risk of upsetting the housebuilder. Where you have concerns that this may be the case you should remain with your high street Fillongley solicitor.