My wife and I are soon to exchange on the purchase of a house in Totterdown but as a result of wreckage from the recent storms I have was able negotiate reparation from the owner of three thousand pounds in the form of a adjustment in the price. I had intended this to be dealt with as part of a side agreement but Co-operative are not allowing this. Should they have been approached?
The lawyer that is on a Co-operative conveyancing panel is obliged to disclose to Co-operative of any variations to the purchase price. If you prohibit your lawyer to report the price change to Co-operative then they would have to discontinue acting for you. In addition, Co-operative and you would have to appoint a new conveyancing practitioner for your conveyancing in Totterdown.
Is there a reason why leasehold purchase conveyancing in Totterdown costs more?
Totterdown leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
We are buying a flat in Totterdown. It might be a silly question but how we can trust a conveyancer? On completion day we have to send funds into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I have today made my last payment due on my mortgage with Bank of Ireland. I assume I don't need a Totterdown conveyancer on the Bank of Ireland panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Bank of Ireland mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Bank of Ireland mortgage from the register. Bank of Ireland, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
Having read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Totterdown solicitor - who is on the Clydesdale conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale 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 conveyancing practitioner 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 Totterdown postcode. As you are getting a mortgage with Clydesdale, you could contact them to see if they have a list of approved surveyors in Totterdown.
My partner has urged me to appoint his conveyancing solicitors in Totterdown. Do I follow his advice?
There are no two ways about it the ideal way to select a conveyancing solicitor is to have feedback from friends or relatives who have actually used the firm you're are thinking of instructing.
I work for a long established estate agent office in Totterdown where we have experienced a number of flat sales put at risk due to leases having less than 80 years remaining. I have received conflicting advice from local Totterdown conveyancing firms. Please can you clarify whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I own a leasehold flat in Totterdown, conveyancing formalities finalised 4 years ago. How much will my lease extension cost? Corresponding flats in Totterdown with an extended lease are worth £227,000. The ground rent is £50 invoiced every year. The lease comes to an end on 21st October 2093
You have 72 years unexpired we estimate the premium for your lease extension to be between £9,500 and £11,000 plus costs.
The figure above a general guide to costs for extending a lease, but we are not able to provide the actual costs without more comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.