My husband and I are purchasing a flat in Stratford. My Solicitor has never been on on the bank approved list. Can I still retain my Stratford conveyancing solicitor even though they are excluded from the mortgage company panel?

You must instruct a property lawyer to complete the legal work required if you take out a mortgage to purchase your property. The conveyancing practitioner will carry out all the appropriate due diligence on the property, ensuring that you will be properly registered as the owner and ensure that all the necessary mortgage documentation is dealt with. You can instruct a Stratford lawyer of your choice. Nevertheless, if the property lawyer appointed is not on the lender conveyancing panel supplemental fees will arise as separate legal representation will be need by the mortgage company. Lender panel applications can be submitted, so if your lawyer has not historically sought membership they should do so.

We're in Stratford, First time buyers purchasing with a mortgage (lender is Bank of Ireland , and our lawyer is on the Bank of Ireland conveyancing panel). How long should the conveyancing process take?

The fact that your lawyer is on the Bank of Ireland conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.

The deeds to our house can not be found. The lawyers who conducted the conveyancing in Stratford 10 years ago are no longer around. What are my options?

Nowadays there are duplicates made of almost everything, and your conveyancer should know exactly where to look for all the appropriate documentation so you can buy or dispose of your property without any difficulty. If copies are not available, your lawyer can put in place insurance or indemnities protecting you against possible claims on the premises.

Due to the encouragement of my in-laws I had a survey completed on a property in Stratford in advance of appointing lawyers. I have been told that there is a flying freehold aspect to the house. Our surveyor advised that some mortgage companies will refuse to issue a loan on this type of premises.

It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Stratford. Conveyancing will be smoother if you use a solicitor in Stratford especially if they are acquainted with such properties in Stratford.

I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Stratford conveyancing firm to assist?

Absolutely. We can put you in touch with a Stratford conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Stratford residence is 12 Nutfield Road in July 2014. the Tribunal judged that the price to be paid by the applicants for the freehold interest should be £19,572 This case affected 2 flats. The unexpired term as at the valuation date was 72.02 years.

What makes a Stratford lease defective?

There is nothing unique about leasehold conveyancing in Stratford. Most leases are individual and drafting errors can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

Maintenance charge proportions which don’t add up to the correct percentage Repairing obligations to or maintain parts of the premises

You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Virgin Money, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.