My fiance and I are acquiring a leasehold flat in Malvern. My property lawyer is not on the lender solicitor panel. Can I still continue with my Malvern conveyancing solicitor notwithstanding that they are not on the bank panel of approved conveyancing solicitors?
You have a number of choices open to you here
- Carry on with your preferred Malvern lawyer but your lender will need to instruct a lawyer from their approved panel. This will result in additional cost together with likely delay.
- Get a new conveyancing practitioner to act in the purchase, making sure they are on the bank conveyancing panel.
- Convince your lawyer to pull out all the stops to get listed on the lender’s panel of solicitors
Can your site be used to recommend a Conveyancing solicitor in Malvern even if I’m not buying or selling a house, for example if I intend to buy an office in Malvern with a mortgage from Barclays Direct?
Our comparison service is predominantly there to select domestic conveyancing solicitors in Malvern but we have recorded at the end of this page some Malvern commercial conveyancing firms. You will need to speak with the firm directly to establish if they can also act for Barclays Direct
I am looking for a flat up to £245,000 and found one close by in Malvern I like with amenity areas and railway links nearby, however it only has 61 years unexpired on the lease. There is not much else in Malvern in this price bracket, so just wondered if I would be making a grave error buying a short lease?
Should you require a home loan the remaining unexpired lease term will be an issue. Discount the offer by the expected lease extension will cost if not already taken into account. If the current proprietor has owned the property for a minimum of twenty four months you could ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing solicitor concerning this.
In my capacity as executor for the estate of my grandfather I am disposing of a property in Monmouth but I am based in Malvern. My solicitor (based 235 kilometers from mehas requested that I sign a statutory declaration before the transaction finalising. Can you recommend a conveyancing solicitor in Malvern to attest this legal document for me?
strictly speaking you should not need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will be fine regardless of whether they are Malvern based
Do you have any top tips for leasehold conveyancing in Malvern with the aim of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Malvern can be bypassed if you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the purchasers’ lawyers. If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to unsettled. In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Malvern state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord consenting to such changes. If you dont have the approvals in place do not communicate with the landlord without contacting your conveyancer first. Some Malvern leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
Malvern Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing
This question is helpful as a) areas may cause problems in the block as the communal areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to have full disclosure Are there any major works in the planning that will likely add a premium to the service charges? Does the lease contain onerous restrictions?