My husband and I are hoping to acquire a house in Forest Hall and are in fact using a Forest Hall conveyancing practice. Within the last couple of days our conveyancer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Halifax have this evening contacted us to advise us that there is now an issue as our Forest Hall solicitor is not on their approved list of lawyers. Is this a problem?
If you are buying a property requiring a mortgage it is conventional for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Forest Hall solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
Having sold my house in Forest Hall last October but our buyer keeps texting daily to moan that his lawyer is waiting to hear from mysolicitor. What are the post completion sale legalities following completion?
After completion of your sale your conveyancer should send the transfer deeds and all supplemental paperwork to the purchaser's lawyers. Where relevant, your lawyer must also send confirmation that the mortgage has been repaid to the purchasers conveyancers. There are no post completion formalities unique to conveyancing in Forest Hall.
I have justfound out that Wolstenholmes have closed. They carried out my conveyancing in Forest Hall for a purchase of a leasehold apartment 10 months ago. How can I check that the property is in my name in the name of the former proprietor?
The easiest method to see if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Forest Hall conveyancing specialists.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Forest Hall is the location of the property. What do you suggest?
Flying freeholds in Forest Hall are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Forest Hall you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Forest Hall may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Jane (my partner) and I may need to let out our Forest Hall garden flat temporarily due to taking a sabbatical. We used a Forest Hall conveyancing practice in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Your lease dictates relations between the landlord and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Forest Hall do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
Forest Hall Leasehold Conveyancing - Examples of Queries Prior to buying
Are there any major works in the planning that could increase the service charges? It would be prudent to find out as much as you can regarding the company managing the building as they can either make your living at the property much easier or problematic. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to day to day matters like the upkeep of the communal areas. Ask other tenants what they think of them. Finally, be sure you know the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. It would be a good idea to enquire if there are any onerous restrictions in the lease. For example it is very common in Forest Hall leases that pets are not allowed in certain buildings in Forest Hall. If you like the apartmentin Forest Hall however your cat is not allowed to move with you then you have a very hard compromise.