Me and my partner are planning to acquire a 1 bedroom flat in Horfield with a mortgage. We like our Horfield solicitor, but the mortgage company says he's not on their "panel". We have to appoint one of the bank panel solicitors or retain our Horfield lawyer as well as pay for one of their panel lawyers to act for them. We feel that this is inequitable; can we not insist that the bank use our Horfield solicitor ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Horfield conveyancing solicitor to apply to be on the conveyancing panel.
I am helping my mother sell her house in Horfield. Will the conveyancing solicitor commission the energy performance certificate or it is for the seller to coordinate?
Following the abolition of Home Information Packs, energy performance certificates remained a compulsory element of moving property. An energy performance certificate must be commissioned before the property is marketed. It is not as aspect of the sale process that conveyancers ordinarily organise. Where you are instructing a Horfield conveyancing solicitor they may be willing to arrange energy assessments due to their relationships with reputable local energy assessors
It is not clear whether my lender requires a lease extension. I have called my Horfield building society branch on numerous occasions and was told it does not affect the mortgage offer and they will lend. My Horfield conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Your solicitor has to comply with the Council of Mortgage Lenders’ Handbook Part 2 requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I recently had an offer accepted on a house in Horfield. My financial adviser recommended their conveyancers. I paid an advanced payment of £225. A few days later, the property lawyer called me sheepishly admitting that they were not on the Leeds Building Society conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Leeds Building Society panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
three months have elapsed following my purchase conveyancing in Horfield took place. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £160,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
About to purchase a new build apartment in Horfield. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Horfield
If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
I wish to sublet my leasehold apartment in Horfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
A small minority of properties in Horfield do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Horfield Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing
It would be prudent to discover as much as possible concerning the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to day to day matters such as the upkeep of the communal areas. Ask prospective neighbours if they are happy with them. Finally, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending that money. What is the length of the lease? How many of the leaseholders are in arrears for their maintenance charge payments?