In researching mumsnet.com for a conveyancing lawyer in Southend, many post that I must look for a CQS assured solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in buying or selling property, trusted by some of the UK's leading lenders. Four years ago the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). CQS is not a scheme offered by the Council of Licensed Conveyancing. Southend is one of the many areas in England and Wales where there are Accredited lawyers.
We previously selected conveyancing lawyers based in Southend on the Principality solicitor approved list. They have just billed me an additional amount for dealing with the Principality mortgage. Is this an additional conveyancing fee specified by Principality?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your conveyancer can charge a fee for this. The charge is not dictated by Principality but by your Southend lawyer. Numerous firms on the Principality panel will levy ’dealing with mortgage’ fee and others do not.
I currently have a mortgage with HSBC for my property in Southend. Conveyancing has been completed 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform HSBC?
HSBC must be informed of your intention before renting your property as this is likely to be a breach of HSBC’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact HSBC directly. It should not be necessary to do this via a HSBC conveyancing panel solicitor.
Our sealed bid on a house in Southend has been agreed to, but there is a chain. The vendors have put an offer on a flat, but it’s not yet agreed to, and have viewings of other apartments booked. I have chosen a high street conveyancing solicitor in Southend. What do I do now? When should I get the mortgage application with RBS going?
It is normal to have anxieties where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is in the region of £1k, then valuation, Southend conveyancing search fees, etc). The first course of action is to ensure that your lawyer is on the RBS approved list. As to the next steps this very much dictated by the circumstances of your case, attraction to this property and on the state of the market. During a buoyant market many purchasers would apply for the mortgage with RBS and arrange for the valuation and only if it was satisfactory would they ask their conveyancing practitioner to press on with searches.
I have been told that property searches are the primary cause of delay in Southend conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) released determinations of a review by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays during the legal transfer of property. Searches are not likely to be the root cause of slowing down conveyancing in Southend.
three months have elapsed since my purchase conveyancing in Southend took place. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Do you have any top tips for leasehold conveyancing in Southend from the perspective of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Southend can be avoided where you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ representatives. You may think that you are aware of the number of years left on your lease but you should verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Southend leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. If you fail to have the paperwork to hand do not communicate with the landlord without contacting your conveyancer in the first instance. Many landlords or Management Companies in Southend levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Southend.
I have given up trying to purchase the freehold in Southend. Can the Leasehold Valuation Tribunal adjudicate on premiums?
You certainly can. We are happy to put you in touch with a Southend conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Southend property is 75 Woolstone Road in February 2012. the decision of the Tribunal was that the appropriate amount to be paid to purchase the freehold was the sum of £17,711 . This case was in relation to 2 flats. The unexpired residue of the current lease was 68.28 and 158.