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

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Recently asked questions about conveyancing in Rayleigh

My solicitor has identified a a legal deficiency with the lease for the property we are purchasing in Rayleigh. The other side have offered defective title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer has advised that he must ensure that the lender is happy with this solution. Who is the client here, us or the lender?

Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the lender are the client. The appropriate lender conditions have to be complied with.

I'm the single recipient of my late mum's will and I have everything in my name now, including the my former home in Rayleigh. The Rayleigh property was put into my name in April. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my property ownership could be treated the same way as if I'd bought the house in April. Do I have to wait half a year to sell?

The CML handbook mandates 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 could be caught by that. Some mortgage companies would take a practical view as this clause is principally there to pick up on the purchase and immediately sell or the quick reselling of properties.

Having read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Rayleigh solicitor - who is on the Kent Reliance conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?

Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Rayleigh postcode. As you are getting a mortgage with Kent Reliance, you could contact them to see if they have a list of approved surveyors in Rayleigh.

My sealed bid on a property in Rayleigh has been agreed to, but there is a chain. The owners have offered on on an apartment, however it’s not yet tied up, and have viewings of other flats in the pipeline. I have instructed a nearby conveyancing solicitor in Rayleigh. What do I do now? At what stage do I apply for the mortgage with UBS?

It is usual to have anxieties where there is a chain as you are unlikely to want to incur expenses prematurely (home loan application is in the region of one thousand pounds, then valuation, Rayleigh conveyancing search fees, etc). The first thing to do is ensure that your conveyancer is on the UBS approved list. Regarding the next steps this very much dictated by the circumstances of your case, motivation for this property and on the state of the market. In a rising market the majority of buyers would apply for a home loan with UBS and arrange for the valuation and only if it was satisfactory would they ask their lawyer to proceed with the conveyancing in Rayleigh.

I require expedited conveyancing in Rayleigh as I have a deadline to complete within one month. Thankfully I do not require a mortgage. Can I escape the need for conveyancing searches to save fees and time?

As you are not getting a home loan you have the choice not to do searches although no lawyer would suggest that you don't. With plenty of history conveyancing in Rayleigh the following are examples of what can show up and therefore affect market value: Refused Planning Applications, Outstanding Fees, Overdue Grants, Railway Schemes,...

Are there restrictive covenants that are commonly picked up as part of conveyancing in Rayleigh?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Rayleigh. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I am looking for a leasehold apartment up to £305k and found one close by in Rayleigh I like with amenity areas and railway links in the vicinity, however it only has 61 years on the lease. There is not much else in Rayleigh in this price bracket, so just wondered if I would be making a grave error buying a lease with such few years left?

Should you need a mortgage the shortness of the lease will likely be problematic. Discount the offer by the expected lease extension will cost if not already taken into account. If the current proprietor has owned the premises for a minimum of twenty four months you could ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should consult your conveyancing lawyer about this.

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