My solicitor has identified a a legal deficiency with the lease for the property we are buying in Huntingdon. The other side have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor says that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the mortgage company are the client. These conveyancing instructions have to be complied with.
Can you help - my lawyer says that chancel insurance is necessary on my purchase. What is the level of cover for Huntingdon conveyancing?
The appropriate level of chancel indemnity insurance depends on your lender. It would differ for example between Halifax and The Mortgage Works. Conveyancing solicitors as opposed to members of the public take out such insurances.
is it true that all Huntingdon solicitors on the Leeds Building Society conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Leeds Building Society conveyancing panel they would need to be overseen by the Solicitors Regulatory Authority. Many banks do permit licenced conveyancers on their panel and in such a situation the practice would be regulated by the Council of Licensed Conveyancers.
Having digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Huntingdon solicitor - who is on the Clydesdale conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Huntingdon postcode. As you are getting a mortgage with Clydesdale, you could contact them to see if they have a list of approved surveyors in Huntingdon.
Should I go with a Huntingdon conveyancing solicitor who is local to the property I am hoping to buy? We have a good friend who can conduct the conveyancing however they are based 300kilometers drive away.
The benefit of a high street Huntingdon conveyancing firm is that you can pop in to execute paperwork, present your identification documents and pester them where appropriate. They will also have local knowledge which is a plus. However it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and they were happy that should trump using an unfamiliar Huntingdon conveyancing lawyer just because they are local.
What are your top tips when it comes to appointing a Huntingdon conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Huntingdon conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Huntingdon conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be of use:
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If they are not ALEP accredited then why not? How many lease extensions has the firm conducted in Huntingdon in the last 12 months?
Huntingdon Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing
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Its a good idea to discover as much as you can regarding the managing agents as they will either make living at the property much easier or problematic. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the cleanliness of the communal areas. Ask prospective neighbours what they think of their service. On a final note, investigate as to the dates that the service fees are due to the managing agents and specifically how they are spending the funds. It is important to be aware if a new roof is being put on or some other significant cost is coming up to be shared between the tenants and will dramatically increase the the maintenance fees or result in a one off invoice. Make sure you investigate if there are any onerous restrictions in the lease. For example it is reasonably common in Huntingdon leases that pets are not permitted in certain buildings in Huntingdon. If you love the flatin Huntingdon however your cat can’t live with you then you have a very difficult determination.
Am in the process of purchasing my first property in Huntingdon. Conveyancing solicitor already chosen. The broker pointed out that a survey is not needed as the property is just 17 years old.
You would be well advised to undertake a Home Buyer's Report. As the premises was built over a decade ago the property will not come with a warranty, so you would be well advised not to take a risk. For a property that age with no signs of defects a Home Buyer's report may suffice. The report should highlight any obvious issues and suggest additional investigation if appropriate. Where there are any signs of material issues get a full structural survey.