My husband and I intend to remortgage our flat in Motspur Park with Yorkshire BS. We have a son 19 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Yorkshire BS conveyancing panel as he never had to sign this form when we purchased 5 years ago (2) Does our son by signing this extinguish his rights to inherit the property?
First, rest assured that your Yorkshire BS conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Yorkshire BS. This is solely used to protect Yorkshire BS if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Yorkshire BS had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
We are due to move house in March. Does my conveyancing solicitor call the removal company on the completion day. Incidentally, can you recommend a removal company in Motspur Park. Conveyancing lawyer was found before I stumbled across your page.
On the day of completion you will need to pick up the keys from your selling agent but this should only be done once the previous owners lawyers inform the agent that the monies to complete are in and the keys can be released. After that you should inform the removal men that you are ready to move in. As a matter of policy we do not suggest a particular removal organisation but can help you find a conveyancing in Motspur Park or a lawyer with expertise in conveyancing in Motspur Park.
I am due to exchange contracts on my house. I had a double glazing fitted in January 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Principality are being problematic. The Motspur Park solicitor who is on the Principality conveyancing panel is recommending indemnity insurance as a solution but Principality are insisting on a building regulation certificate. Why do Principality have a conveyancing panel if they don't accept advice from them?
It is probably the case that Principality have referred the matter to their valuer. The reason why Principality may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I was told three weeks ago that my mortgage has been agreed to by Principality. Is it usual for Principality to only issue the offer once my solicitor in Motspur Park is approved on their conveyancing panel? Principality have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Principality to deal with your lawyer's application to be on the Principality conveyancing panel. There's no guarantee that your solicitor will be accepted.
Me and my brother own a semi-detached Victorian property in Motspur Park. Conveyancing practitioner acted for me and Chelsea Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold with the exact same address. Is it worth asking Chelsea Building Society to clarify?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Motspur Park and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing lawyer who conducted the conveyancing.
Can you provide any top tips for leasehold conveyancing in Motspur Park from the point of view of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Motspur Park can be reduced if you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers’ solicitors. You believe that you know the number of years remaining on your lease but you should verify this by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale. If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be concerned about purchasing a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to ongoing. If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a new share certificate is often a time consuming process and frustrates many a Motspur Park conveyancing deal. Where a new share is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later. In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Motspur Park state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Where you fail to have the approvals to hand do not communicate with the landlord without checking with your solicitor in the first instance.
I own a a ground floor purpose built flat in Motspur Park. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount due for a lease extension?
You certainly can. We are happy to put you in touch with a Motspur Park conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Motspur Park residence is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case related to 1 flat. The unexpired residue of the current lease was 60.43 years.
My brother is buying a ground floor flat in Motspur Park. He has received a fee estimate by the property lawyer suggested by the selling agents and it came to £1245 . It was fifteen years ago since I sold and bought a home and it cost was £just under six hundred pounds. Have fees really gone up that much?
We would recommend that you visit 3 or 4 local Motspur Park conveyancing firms seeking prices. It is advisable to base your decision not solely on cost, but on promptness and on how comprehensive the response was.