My wife and I are buying a 2 bedroom flat in Widnes with a mortgage. We wish to retain our Widnes conveyancer, but the mortgage company advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Widnes property lawyer as well as pay for one of their panel firms to act for them. We regard this is inequitable; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Widnes conveyancing lawyer to apply to be on the conveyancing panel.
Due to move into my new home in Widnes next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in his capacity as lawyer for the lender. What risks does the mortgage company expect the insurance to cover?
All property lawyers on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook conditions. These requirements are not unique to conveyancing in Widnes.
Me and my brother have a 4 bedroom Victorian property in Widnes. Conveyancing solicitor represented me and Britannia. I did a free Land Registry search last week and there are a couple of entries: the first freehold, the second leasehold under the matching property. Is it worth asking Britannia to clarify?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Widnes and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with your conveyancing practitioner who carried out the work.
Should I go with a Widnes conveyancing lawyer who is local to the property I am purchasing? We have a good friend who can perform the legal formalities but her office is a couple of hundredkilometers drive away.
The primary upside of using a high street Widnes conveyancing firm is that you can drop in to execute documents, deliver your ID and apply pressure on them where appropriate. Having local Widnes know how is a bonus. However it's more important to get someone that will pull out all the stops for you. If other friends have used your friend and in the main were happy that must outweigh using an unknown Widnes conveyancing solicitor just because they are local.
My husband and I may need to rent out our Widnes basement flat for a while due to a new job. We instructed a Widnes conveyancing practice in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
Notwithstanding that your previous Widnes conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent from your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of first obtaining consent. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
I inherited a basement flat in Widnes, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent flats in Widnes with an extended lease are worth £202,000. The average or mid-range amount of ground rent is £60 yearly. The lease finishes on 21st October 2077
With only 56 years left to run we estimate the premium for your lease extension to range between £29,500 and £34,000 as well as professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs in the absence of comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.