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Find a Openshaw Conveyancing Solictior on Your Lender’s Panel

Ready to buy a new home in Openshaw? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Openshaw home move at risk of delay or failure.

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Recently asked questions about conveyancing in Openshaw

My wife and I are refinancing our flat in Openshaw with HSBC. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the HSBC conveyancing panel as he never had to sign this form when we purchased 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?

On the face of it your lawyer has done nothing wrong 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.

I own a freehold house in Openshaw but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Openshaw and has limited impact for conveyancing in Openshaw but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.

The Openshaw conveyancing firm that I recently instructed on my house acquisition in Openshaw have suddenly closed. I only went with them because I had to have a firm on the Aldermore conveyancing panel and my previous Openshaw lawyer was not. I sent them a cheque for two hundred pounds in advance. What do I do now?

Assuming that you have an Estate Agent in the equation then inform them straight away so that they can let the sellers know that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Aldermore conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to help.

I'm buying a new build house in Openshaw benefiting from help to buy. The builders would not budge the price so I negotiated £7000 of additionals instead. The house builders rep advised me not disclose to my solicitor about the side-deal as it will impact my loan with Virgin Money. Is this normal?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

My wife and I purchased a leasehold flat in Openshaw. Conveyancing and Virgin Money mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Openshaw who acted for me is not around. Any advice?

The first thing you should do is make enquiries of HMLR to be sure that this person is indeed the new freeholder. There is no need to incur the fees of a Openshaw conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Openshaw Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

    The best form of lease arrangement is a share of the freehold. In this arrangement the tenants have control and even though a managing agent is often retained if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. You should be aware if it is no more than 80 years it will affect the salability of the flat. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth finding out how much this would cost. For most Openshawlease extensions you would be required to have been the owner of the property for 24 months before you are legally able to extend the lease. Is anyone aware of any major works in the planning that could add a premium to the service costs?

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