My Solicitor in New Waltham has never been on on the Clydesdale Conveyancing Panel. Can I still continue with my family solicitor notwithstanding that they are not on the Clydesdale panel of approved conveyancing solicitors?
The limited options available to you here include:
- Carry on with your existing New Waltham lawyers but Clydesdale will need to use a lawyer on their panel. This will inevitably rack up the overall conveyancing charges as well as cause delays.
- Find an alternative lawyer to to deal with the purchase, remembering to check they are Persuade your solicitor to use their best endeavours to join the Clydesdale conveyancing panel
I am the sole beneficiary of my late father’s estate with all property in now in my sole name, including the house in New Waltham. The New Waltham property was put into my name in June. I want to move. I do know about the Mortgage Lenders six month 'rule', which means that my proprietorship may be regarded the same way as if I'd bought the house in June. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be affected by that. many banks would take a practical view as this provision chiefly exists to identify subsales or the flipping of property.
My wife and I have arranged a further advance on our home loan from UBS as we intend to conduct a loft conversion to our home in New Waltham. Do we need to appoint a nearby New Waltham solicitor on the UBS conveyancing panel to deal with the legals?
UBS would not normally instruct firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the UBS panel.
I am due to exchange contracts on my house. I had a double glazing fitted in March 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Nationwide are being pedantic. The New Waltham solicitor who is on the Nationwide conveyancing panel is recommending indemnity insurance as a solution but Nationwide are insisting on a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide 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.
Should my lawyer be raising questions regarding flooding during the conveyancing in New Waltham.
The risk of flooding is if increasing concern for solicitors dealing with homes in New Waltham. Some people will acquire a house in New Waltham, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to impart advice on flood risk, but there are a various checks that can be carried out by the buyer or by their conveyancers which should figure out the risks in New Waltham. The standard property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to discover whether the premises has suffered from flooding. If the property has been flooded in past and is not notified by the seller, then a buyer may bring a claim for damages as a result of such an misleading answer. A buyer’s solicitors will also order an enviro report. This will indicate whether there is any known flood risk. If so, more detailed investigations should be initiated.
I have been on the look out for a ground for flat up to £235,500 and identified one close by in New Waltham I like with open areas and railway links in the vicinity, however it only has 61 years unexpired on the lease. I can't really find anything else in New Waltham suitable, so just wondered if I would be making a mistake purchasing a lease with such few years left?
If you need a mortgage the shortness of the lease may be problematic. Reduce the price by the amount the lease extension will cost if not already taken into account. If the current proprietor has owned the property for at least twenty four months you can ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this.
I own a leasehold flat in New Waltham. Conveyancing and Santander mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in New Waltham who acted for me is not around. Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a New Waltham conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Leasehold Conveyancing in New Waltham - A selection of Queries Prior to Purchasing
Who are the managing agents? The best form of lease structure is if the freehold interest is in the ownership of the leaseholders. In this arrangement the tenants have being in charge if their destiny and although a managing agent is usually employed where it is bigger than a house conversion, the managing agent retained by the leaseholders. Is the freehold owned jointly by the tenants?