We are purchasing a newbuild flat in Arundel with a residential mortgage from Clydesdale.We would like to retain our Arundel conveyancing solicitor but Clydesdale says she’s not on their "panel". We have to appoint a Clydesdale panel solicitor or retain our high street solicitor and pay for a Clydesdale panel lawyer to represent them. We feel as though this is unjust; Can we not simply insist that Clydesdale use our lawyer?
Unfortunately,no. The loan issued to you contains various provisions, a common one being that solicitors will be on the Clydesdale approved list. in the past, most banks had large numbers of law firms on their panels: a borrower could find 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Clydesdale
Various online forums that I have frequented warn that are the number one cause of delay in Arundel house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature within the most frequent causes of delays in the conveyancing process. Searches are not likely to be the root cause of holding up conveyancing in Arundel.
Me and my brother own a renovated Georgian house in Arundel. Conveyancing lawyer acted for me and Leeds Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold with the exact same property. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register for 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 Arundel and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with the conveyancing practitioner who conducted the purchase.
I decided to have a survey carried out on a property in Arundel ahead of retaining lawyers. I have been informed that there is a flying freehold overhang to the house. My surveyor has said that some mortgage companies tend refuse to give a mortgage on a flying freehold property.
It varies from the lender to lender. HSBC has different instructions for example to Halifax. If you call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Arundel. Conveyancing may be slightly more expensive based on your lender's requirements.
How simple is it to switch firm as I have to select a firm on the HSBC Bank conveyancing panel. I was using a family conveyancing solicitor in Arundel round the corner but the firm is not approved by HSBC Bank
It would be our pleasure to help you select a conveyancing solicitor in Arundel on the HSBC Bank panel. Please note that the law firms that we list do not pay us fee if you instruct them and are authorised and regulated by the SRA who oversee all conveyancing solicitors in Arundel. In utilising the find a conveyancing solicitor tool on this page, you can compare costs for conveyancing solicitors in Arundel and beyond.
I work for a busy estate agent office in Arundel where we have witnessed a number of leasehold sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Arundel conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can instigate the lease extension formalities 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 commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser 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 before, or simultaneously with completion of the sale.
An alternative approach is 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 purchaser.
Arundel Conveyancing for Leasehold Flats - Sample of Queries before buying
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The answer will be helpful as a) areas may result in problems in the block as the communal areas may begin to deteriorate if services remain unpaid b) if the leaseholders have an issue with the managing agents you will want to know about it Make sure you discover if there are any onerous prohibitions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Arundel. If you love the propertyin Arundel yet your cat can’t make the move with you then you will be presented with a hard determination. The best form of lease arrangement is a share of the freehold. In this scenario the tenants have being in charge if their destiny and notwithstanding that a managing agent is usually employed if it is larger than a house conversion, the managing agent is directed by the tenants.