I am approaching an exchange on a house in West Moors and my mum and dad have transferred the ten percent deposit to my conveyancer. I am now informed that as the deposit has not come from me my lawyer needs to disclose this to my mortgage company. Apparently, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I informed the mortgage company regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?
The lawyer is legally required to check with lender to make sure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only notify this to your lender if you agree, failing which, your lawyer must cease to continue acting.
I own a freehold property in West Moors but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in West Moors and has limited impact for conveyancing in West Moors but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
I moved into my flat on 14 February and the transaction details is yet to be on the land registry website. Need I be worried? My conveyancing solicitor in West Moors advises it should be formalised inside ten days. Are properties in West Moors uniquely lengthy to register?
There is nothing unique when it comes to conveyancing in West Moors registration formalities. Rather than based on location, timescales can vary subject to who lodges the application, whether there are errors and whether the Land registry communicate with any other persons or bodies. Currently approximately 80% of such applications are fully dealt with within 12 days but some can be subject to extensive hold-ups. Registration occurs after the buyer is living at the premises so post completion formalities is not usually an essential issue but if it is urgent that the the registration takes place urgently then you or your conveyancer must speak with the land registry and explain the circumstances.
I have been sourcing a conveyancing lawyer in West Moors for my home move. Can I see a solicitor's record with the legal regulator?
Anyone can find documented Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, use +44 (0)121 329 6800. The regulator could monitor call for training requirements.
I am employed by a busy estate agent office in West Moors where we see a few leasehold sales jeopardised as a result of short leases. I have been given conflicting advice from local West Moors conveyancing solicitors. Can you clarify whether the seller of a flat can instigate the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having 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.
An alternative approach is 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.
West Moors Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
The majority of West Moors leasehold properties will be liable to pay a service bill for the upkeep of the building invoiced on behalf of the management company. Where you purchase the flat you will have to pay this liability, usually quarterly throughout the year. This can be anything from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a rentcharge to be met yearly, ordinarily this is not a exorbitant sum, say approximately £50-£100 but you need to check as sometimes it could be many hundreds of pounds. Does this lease have in excess of 85 years unexpired? It is important to be aware if window replacement or some other significant cost is pending to be shared by the leaseholders and will dramatically impact the level of the service costs or necessitate a specific payment.