I am progressing with the sale of my apartment in Fulham and the EA has just called to advise that the buyers are changing their solicitor. I am told that this is due to the fact that the bank will only deal with property lawyers on their approved list. On what basis would a major mortgage company only deal with specific solicitors rather the firm that they want to choose for their conveyancing in Fulham ?
Mortgage companies have always had panels of law firms they are content to work with, but in recent years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.
Lenders point to the increase in fraud as the reason for the pruning – criteria have been stiffened as a smaller panel is easier to monitor. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any impact on this.
When researching moneysavingexpert.com for a cheap lawyer in Fulham, many advise that I should use a CQS accredited lawyer. What is CQS?
Fulham Conveyancing Quality Scheme law firms have obtained certification under the Law Society's Scheme (CQS) CQS was established to promote high standards in the home buying process. CQS helps house movers to identify solicitor firms who provide a quality residential conveyancing. Fulham is one of the many areas in England and Wales in which CQS have a presence. The conveyancing scheme requires solicitors to undergo a strict assessment, compulsory training, self-certification, random audits and yearly assessments in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Building Societies Association.
My bid for a property was accepted at auction in Fulham. Conveyancing is required. What happens now?
Now that you are legally committed yourself to purchase you will need to instruct a conveyancing lawyer quickly as you will have a tight a fixed date to complete the transaction. All auction property will have a corresponding auction set of papers. This will include most,if not all of the paperwork that your solicitor will need. Where you are dealing with leasehold premises the auction pack should include a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation relating to leasehold premises. You must hand this to the conveyancer instructed by you ASAP. You also need to ensure that your finances are organised to complete the transaction on the set completion date.
My conveyancer has informed me that lack of building regulations insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Fulham?
The appropriate level of lack of building regulations indemnity insurance depends on who your lender is. It would differ for example between Lloyds TSB Bank and Barnsley Building Society. Conveyancing lawyers as opposed to borrowers take out such insurances.
I happen to be the single beneficiary of my late mum's will and I have everything in my name alone, including the my former home in Fulham. Conveyancing formalities meant that the Land Registry date was in January. I want to move. I understand that there is a CML six month 'rule', meaning my proprietorship may be treated the same way as if I'd bought the house in January. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. Most mortgage companies would take a practical view as this obligation is chiefly there to capture subsales or the flipping of property.
I am a fortnight into a leasehold purchase having been directed to conveyancers by the selling agent to carry out the conveyancing in Fulham. I am am very dissatisfied with the quality of service. Can you you assist me in finding new solicitors?
A lawyer would need to be very bad in order to consider changing them. Has your mortgage been sent? If so you will need to advise them of the new contact details and ensure the offer are re-sent. Your new conveyancer needs to be on the mortgage company panel to avoid escalating costs and frustration. So that should be your first question of the new conveyancers. The search tool can help you find a bank approved solicitor for your home move in Fulham
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £225,000 apartment in Fulham next week. The freeholder has quoted £300 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Fulham?
Fulham conveyancing on leasehold flats more often than not necessitates the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries most will be content to do so. They are entitled to invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it is in excess of £800. The management information fee demanded by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, without which the charge is not strictly payable. Reality however dictates that one has no choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.
I am the proprietor of a basement flat in Fulham. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the amount payable for a lease extension?
if there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to arrive at the price payable.
An example of a Freehold Enfranchisement decision for a Fulham property is 66 and 66a Wardo Avenue in November 2012. The Tribunal determined that the sum of £8,048 is payable by the Applicants in respect of the price for the freehold of the property This case affected 2 flats. The unexpired term was 93 years and 162 years.