I am nearing exchange of contracts for my maisonette in Mayfield and the EA has just text me to warn that the purchasers are switching property lawyer. The reason given is that the lender will only engage with property lawyers on their approved list. Why would a leading lender only engage with certain lawyers rather the firm that they want to appoint for their conveyancing in Mayfield ?
UK lenders have always had panels of law firms they are willing to work with, but in the last few years big names such as Nationwide, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Mortgage companies justify this action to a rise in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms 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 unlikely to have any impact on this.
My husband and I are hoping to buy a newbuild flat in Mayfield with a homeloan from The Mortgage Works.We use our Mayfield conveyancing lawyer but The Mortgage Works informed us his firm is not on their approved list of firms. We have to appoint a The Mortgage Works panel lawyer or keep our high street solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that The Mortgage Works use our lawyer?
Unfortunately,no. The home loan offered to you contains various provisions, one of which will be that conveyancers must be on the The Mortgage Works approved list. Until recently, most mortgage companies had large numbers of law firms on their panels: a borrower could find 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 lawyer to apply to be on the conveyancing panel for The Mortgage Works
I've recently found out 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. Mayfield is where the house is located. What do you suggest?
Flying freeholds in Mayfield are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Mayfield you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Mayfield may decide 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.
In what way does the Landlord & Tenant Act 1954 affect my business offices in Mayfield and how can your lawyers assist?
The particular law that you refer to gives security of tenure to commercial tenants, granting the dueness to apply to court for a renewal tenancy and remain in occupation at the end of the lease term. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Mayfield is one of the many areas of the UK in which our lawyers are located
I work for a reputable estate agent office in Mayfield where we have witnessed a few flat sales derailed as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Mayfield conveyancing solicitors. Please can you clarify whether the vendor of a flat can initiate the lease extension process for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I own a leasehold flat in Mayfield, conveyancing formalities finalised June 2012. Can you give me give me an indication of the likely cost of a lease extension? Equivalent flats in Mayfield with an extended lease are worth £176,000. The average or mid-range amount of ground rent is £50 yearly. The lease ends on 21st October 2076
With just 50 years unexpired the likely cost is going to be between £31,400 and £36,200 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.