I plan on acquiring residence in Ashford. My lawyer is not on the lender conveyancing list. Am I still permitted to retain my Ashford conveyancing solicitor notwithstanding that they are not on the mortgage company list of approved lawyers?
You must have a property lawyer to complete the legal work required when you take out a loan to buy your home. The conveyancing practitioner will carry out all the essential investigations on the property, ensuring that you will be properly registered as the owner and ensure that all the necessary mortgage paperwork is dealt with. You may appoint a Ashford solicitor of your choosing. Nevertheless, where the property lawyer selected is not a member of the mortgage company conveyancing panel supplemental costs will be incurred as separate legal representation will be need by the lender. Lender panel applications can be submitted, so provided your conveyancer has not in the past sought membership they should take the opportunity to apply.
Can the conveyancing solicitors identified via your search tool perform conveyancing in Ashford by way of an attended exchange?
There are a few conveyancing specialists who can conduct personalised exchanges. You should contact us to obtain a fee calculation and details as to dates.
Should my lawyer be asking questions concerning flooding as part of the conveyancing in Ashford.
Flooding is a growing risk for conveyancers dealing with homes in Ashford. Some people will purchase a house in Ashford, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to impart advice on flood risk, however there are a various checks that can be initiated by the purchaser or on a buyer’s behalf which should figure out the risks in Ashford. The standard completed inquiry forms supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the owner to determine if the premises has historically flooded. If flooding has previously occurred and is not revealed by the owner, then a purchaser could issue a legal claim for losses stemming from an inaccurate reply. A purchaser’s lawyers may also order an enviro report. This will disclose whether there is a recorded flood risk. If so, more detailed inquiries should be initiated.
My wife and I have a renovated Victorian property in Ashford. Conveyancing lawyer acted for me and Lloyds TSB Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You should review 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Ashford 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 lenders. You can also enquire as to the situation with your conveyancing practitioner who conducted the conveyancing.
I'm purchasing a new build house in Ashford with the aid of help to buy. The sellers would not budge the price so I negotiated 6k of extras instead. The estate agent suggested that I not to tell my conveyancer about this extras as it may put at risk my mortgage with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer 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.
What are your top tips when it comes to choosing a Ashford conveyancing practice to deal with our lease extension?
When appointing a solicitor for your lease extension (regardless if they are a Ashford conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Ashford conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be helpful:
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How experienced is the firm with lease extension legislation? What volume of lease extensions have they completed in Ashford in the last year?
I am the registered owner of a first floor flat in Ashford. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum payable for a lease extension?
Where there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to decide the sum to be paid.
An example of a Lease Extension decision for a Ashford residence is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case related to 1 flat. The unexpired lease term was 82.93 years.