Our solicitor has uncovered a defect with the lease for the property we are purchasing in St Fagans. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer says that he must ensure that the bank is willing to move forward with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Do lawyers request an advanced payment for conveyancing in St Fagans?
Where you are retaining lawyers for conveyancing in St Fagans your lawyer will ask you to provide them with monies to cover the search fees. This will be the total of the cost of the conveyancing searches. When the deposit is as part of the total price then this will be asked for shortly prior to exchange of contracts. The final balance that is needed should be sent to your lawyer shortly before completion.
I am helping my mother sell her house in St Fagans. Does the conveyancing solicitor commission the energy assessment or should I organise this?
After the demise of Home Packs, EPC’s was kept a required part of moving house. An EPC should be commissioned before the property is marketed. It is not a task that conveyancers ordinarily organise. If you are instructing a St Fagans conveyancing practitioner they may be able to arrange energy performance certificates given their relationships with long established St Fagans energy assessors
My wife and I buying a victorian detached house in St Fagans. Our aim is to carry out an extension to the side at the house.Will legal due diligence on the property include enquiries to determine if these works are allowed?
Your solicitor should review the deeds as conveyancing in St Fagans can sometimes identify restrictions in the title deeds which prevent certain alterations or require the consent of a 3rd party. Some extensions require local authority planning consent and approval under the building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
We have agreed to purchase a house in St Fagans. A rare aspect is that the roof has a solar panel. Kent Reliance have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is Kent Reliance your lawyer must check the formal instructions contained in Part two of UK Finance Lenders’ Handbook for Kent Reliance. The CML Handbook stipulates minimum requirements for solar panel roof-space leases, and property lawyers are required to report to Kent Reliance where a lease fails to satisfy these conditions. The provisions relate to the installation of panels on properties countrywide and is not isolated to St Fagans.
I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have subsequently discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in St Fagans. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in St Fagans ?
Most houses in St Fagans are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in St Fagans in which case you should be looking for a St Fagans conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should advise you fully on all the issues.
Leasehold Conveyancing in St Fagans - Examples of Queries Prior to Purchasing
-
What is the length of the lease? Are any of leasehold owners in dispute over their service charge liability? This question is important as a) areas could result in problems for the block as the common areas may begin to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have all the details
I am buying a house and need a conveyancing solicitor in St Fagans who is on the mortgage company conveyancing panel. Could you point me in the right direction as regards a firm?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for the lender who conduct conveyancing in St Fagans. We dont recommend any particular solicitor.