I am soon to complete buying a property in Melbourne but as a consequence of damage from some water damage at the property I have managed to agree reparation from the owner of £3k taking the form of a deduction in the price. This was going to be addressed as part of a side agreement yet Yorkshire BS will not permit this. Should they have been involved?
The conveyancing practitioner that is on a Yorkshire BS approved list is obliged to advise Yorkshire BS of any variations to the purchase price. If you prohibit your solicitor to report the reduction to Yorkshire BS then they would have to discontinue acting for you. In addition, Yorkshire BS and you would have to appoint a new property lawyer for your conveyancing in Melbourne.
If you had a top tip for choosing a conveyancing solicitor in Melbourne what would it be?
We would encourage you not to base your choice on the lowest Melbourne conveyancing costs illustration. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
I'm the sole beneficiary of my late grandmother’s estate and I have everything in my name alone, including the my former home in Melbourne. The Melbourne property was put into my name in June. I plan to dispose of the property. I understand that there is a CML 6 month 'rule', meaning my property ownership could be treated the same way as if I'd bought the property in June. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. Most lenders would take a pragmatic view as this provision is principally there to identify the purchase and immediately sell or the flipping of properties.
is it true that all Melbourne conveyancing solicitors on the HSBC conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the HSBC conveyancing panel they would need to be governed by the SRA. Many mortgage companies do allow licenced conveyancers on their panel and in that case the practice would be governed by the Council of Licensed Conveyancers.
In what way does the Landlord & Tenant Act 1954 impact my business offices in Melbourne and how can your lawyers assist?
The particular law that you refer to provides security of tenure to commercial tenants, granting the legal entitlement to make a request to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and help with commercial conveyancing in Melbourne
I need to instruct a conveyancing practitioner in Melbourne for my remortgage. Is there any facility to review a firm’s complaints history with the legal regulator?
Anyone may read published Solicitor Regulator Association (SRA) decisions resulting from inquisitions started on or after 1 January 2008. Visit Check a solicitor's record. To find information Pre 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The regulator sometimes monitor call for training reasons.
What advice can you give us when it comes to appointing a Melbourne conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Melbourne conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Melbourne conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:
How experienced is the firm with lease extension legislation? What are the legal fees for lease extension work?
I inherited a leasehold flat in Melbourne, conveyancing was carried out November 1997. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Melbourne with an extended lease are worth £216,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease ceases on 21st October 2088
You have 69 years left to run we estimate the premium for your lease extension to range between £9,500 and £11,000 plus legals.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.