As a novice what is the most important piece of guidance you can impart about purchase conveyancing in Tongwynlais?
Not many law firms or advisers will tell you this but conveyancing in Tongwynlais and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there exists an abundance of opportunity for conflict between you and others involved in the transaction. For instance, the seller, selling agent and even potentially the mortgage company. Choosing a law firm for your conveyancing in Tongwynlais an important selection as your conveyancer is your adviser, and is the SOLE person in the process whose responsibility is to act in your legal interests and to protect you.
There is a worrying increase of a "blame" culture- someone must be blamed for the process taking so long. You must always trust your conveyancer ahead of the other players when it comes to the legal transfer of property.
Please explain the implications if my lawyer’s firm is removed from the Nottingham Conveyancing panel ahead of completing my conveyancing in Tongwynlais?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
What is the difference between a licensed conveyancer and conveyancing solicitor in Tongwynlais
There are two types of lawyers who can do conveyancing in Tongwynlais namely CLC regulated conveyancers or solicitors. Both professionals administer the legal services that required to complete the disposal or acquisition of property. They are both duty bound to execute Tongwynlais conveyancing to the same quality and guidelines so you may be sure that your conveyancing will be professionally carried out and that the necessary steps should be appropriately taken.
We are getting the release of further funds on our home loan from HSBC as we want to carry out alterations to our home in Tongwynlais. Do we need to appoint a local Tongwynlais solicitor on the HSBC conveyancing panel to handle the paperwork?
HSBC do not ordinarily instruct a member of their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the HSBC panel.
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Tongwynlais bank branch on a couple of occasions and was told it does not impact the mortgage offer and they would lend. My Tongwynlais conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they will not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Provided that the conveyancing practitioner is on the lender panel, she or he must comply with the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I purchased a renovated Edwardian house in Tongwynlais. Conveyancing lawyer acted for me and The Royal Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the exact same property. I'd like to know for sure, how can I find out??
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Tongwynlais and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with the conveyancing solicitor who conducted the conveyancing.
I've recently bought a leasehold property in Tongwynlais. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Tongwynlais - A selection of Queries before Purchasing
Make sure you discover if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Tongwynlais. If you like the propertyin Tongwynlais but your dog can’t live with you then you have a very difficult choice. How many years are left on the lease? Its a good idea to discover as much as you can about the managing agents as they will either make your living at the property much easier or uncomfortable. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to day to day issues like the upkeep of the common parts. Enquire of other tenants what they think of their service. Finally, investigate as to the dates that the maintenance fees are due to the managing agents and precisely how they are spending that money.