My fiance and I are looking to acquire a home in Walton on the Hill and are in fact using a Walton on the Hill conveyancing firm. Within the last couple of days our lawyer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. HSBC Bank have this evening contacted us to inform me that there is now an issue as our Walton on the Hill solicitor is not on their conveyancing panel. Is this a problem?
If you are buying a property with the assistance of a mortgage it is usual for the purchasers' solicitors to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Walton on the Hill lawyers, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
I got the keys to my home on 11 July and the transaction details is yet to be on the land registry website. Need I be worried? My conveyancing solicitor in Walton on the Hill expressed confidence that it should be formalised inside ten days. Are titles in Walton on the Hill uniquely lengthy to register?
As far as conveyancing in Walton on the Hill registration is no quicker or slower than the rest of the country. As opposed to being determined by geographic area, timeframes can adjust subject to who lodges the application, whether there are errors and whether the Land registry have to notify any third parties. As of today in the region of 80% of submission are fully dealt with in less than three weeks but occasionally there can be extensive delays. Registration occurs once the buyer has moved in to the property thus registration formalities is not typically an essential issue yet where there is a degree of urgency associated with the registration then you or your lawyers must speak with the land registry and explain the circumstances.
I am buying my first flat in Walton on the Hill with the aid of help to buy. The builders refused to move on the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The sale representative suggested that I not to tell my solicitor about this side-deal as it may affect my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Walton on the Hill is where the house is located. Can you offer any assistance?
Flying freeholds in Walton on the Hill are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Walton on the Hill you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Walton on the Hill may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I am employed by a busy estate agency in Walton on the Hill where we see a few flat sales put at risk as a result of short leases. I have been given contradictory information from local Walton on the Hill conveyancing solicitors. Could you shed some light as to whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner 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 for a lease extension. 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 purchaser.
Having spent months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Walton on the Hill. Can we issue an application to the Residential Property Tribunal Service?
Where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to judgment on the price.
An example of a Lease Extension matter before the tribunal for a Walton on the Hill residence is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case related to 1 flat. The unexpired term was 60.43 years.