Finally the sale completed on my house in Aldwych last May yet the purchaser is whats apping every few hours complaining that her lawyer needs to hear from mine. What are the post completion sale formalities following completion?
Following your house sale your lawyer should send the transfer deeds and all of the paperwork to the purchaser's lawyers. Depending on the transaction, your conveyancer should also confirm that the legal charge in favour of the lender has been repaid to the buyers solicitors. There are no post completion formalities just for conveyancing in Aldwych.
I just bought a flat at auction in Aldwych. Conveyancing is required. What happens now?
Having exchanged you should appoint a conveyancing lawyer as a matter of urgency as you are faced with a tight a drop dead date to complete the property. An auction property will have a corresponding auction pack. This should include evidence of title and search results. In the case of leasehold premises the conveyancing papers should include a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to leasehold premises. You need to hand this to your appointed conveyancing solicitor at the earliest opportunity. You also need to ensure that your finances are in place to complete on the date specified in the contract.
Is it the case that all Aldwych CQS (Conveyancing Quality Scheme) solicitors are on the Leeds Building Society conveyancing panel?
It is true that some banks and building societies now make use of CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Aldwych solicitor - who is on the Co-operative conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative 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 Aldwych postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Aldwych.
I require fast conveyancing in Aldwych as I am faced with a deadline to complete within 3 weeks. Luckily I do not need a mortgage. Is it possible to avoid the conveyancing searches to save fees and time?
If.Given you are are a cash purchaser you have the choice not to do searches although no solicitor would advise that you don't. With plenty of history conveyancing in Aldwych the following are instances of what can crop up and adversely impact future saleability: Enforcement Actions, Overdue Fees, Outstanding Grants, Unadopted Roads,...
I used Arc property Solicitors a few years ago for my conveyancing in Aldwych. Now, I need my files but the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Aldwych of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a quick, chain free conveyancing. Aldwych is the location of the property. Is there any advice you can impart?
Flying freeholds in Aldwych are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Aldwych you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Aldwych may determine 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 residence.
I am employed by a long established estate agency in Aldwych where we have witnessed a number of flat sales put at risk due to short leases. I have received conflicting advice from local Aldwych conveyancing solicitors. Please can you clarify whether the seller of a flat can start the lease extension process for the buyer?
As long as the seller has owned the lease 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. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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.
We have reached the end of our tether in negotiating a lease extension in Aldwych. Can the Leasehold Valuation Tribunal adjudicate on premiums?
You certainly can. We are happy to put you in touch with a Aldwych conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Aldwych property is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case affected 1 flat. The unexpired term as at the valuation date was 73.26 years.