My husband and I are buying a flat in Ashtead. My Solicitor is not on the mortgage company solicitor panel. Is it possible for me to use my Ashtead conveyancing solicitor even though they are excluded from the bank list of approved lawyers?
You have numerous alternatives available to you here
- Carry on with your preferred Ashtead conveyancer but your mortgage company will need to appoint a solicitor from their approved panel. The net result is additional cost together with probable frustration.
- Appoint a fresh property lawyer to conduct the conveyancing, ensuring that they are on the lender conveyancing panel.
- Convince your lawyer to pull out all the stops to get accepted on the lender’s panel of solicitors
I am purchasing a property for cash in Ashtead. I have been residing for the previous 15 years in Ashtead. Conveyancing searches are expensive. As I know the area and road very well must I have all the conveyancing searches?
In the absence of a home loan, then the vast majority of the Ashtead conveyancing searches are non-obligatory. Your solicitor will ’encourage you, perhaps strongly, that you should have searches carried out, but she has a professional duty to do this. One thing to consider; if you are going to dispose of the house in the future, it could be of importance to your prospective buyer what the searches determine. There are plenty of instances where properties with functional issues can still reveal unexpected search results. A good conveyancing solicitor in Ashtead will be able to give you some practical advice in this regard.
There is lots of information on this site about conveyancing in Ashtead but can you isolate your top tip for appointing the right conveyancer in Ashtead
It would be unwise to be tempted by the lowest Ashtead conveyancing fees. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of the deal.
We were going to get a DIP from RBS this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do RBS recommend any Ashtead solicitors on the RBS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Ashtead solicitors independently although you'll need to choose one on the RBS conveyancing panel. The solicitor represents both you and RBS through the process.
I've digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Ashtead solicitor - who is on the Nationwide conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide 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 lawyer 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 Ashtead postcode. As you are getting a mortgage with Nationwide, you could contact them to see if they have a list of approved surveyors in Ashtead.
We are 14 days into a freehold purchase having been recommend to solicitors by the local agent to carry out the conveyancing in Ashtead. I am not happy. Could you help me find new solicitors?
They would need to be very poor in order to consider diss instructing them. Has your mortgage offer been generated? In the event that it has you will need to advise them of the replacement solicitor and get the loan are re-issued. The solicitor ideally should be on the mortgage company approved list to avoid added charges and delays. That should be your first question of the new solicitors. Our search tool will assist you in finding a bank approved conveyancer for your conveyancing in Ashtead
I am a negotiator for a long established estate agent office in Ashtead where we have witnessed a number of flat sales derailed as a result of short leases. I have received inconsistent advice from local Ashtead conveyancing firms. Could you confirm whether the owner of a flat can initiate the lease extension process for the buyer?
As long as 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 buyer need not have to sit tight for 2 years to extend their lease. 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.
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 purchaser.
I inherited a second floor flat in Ashtead. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the amount due for a lease extension?
in cases where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the sum to be paid.
An example of a Lease Extension case for a Ashtead premises is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case related to 1 flat. The remaining number of years on the lease was 60.43 years.
I happen to be an executor of my recently deceased mum’s Will, with a house in Ashtead which will be marketed. The house has never been registered at the Land Registry and I'm advised that many buyers solicitors will insist that it is done before they will proceed. What's the mechanism for this?
In the circumstances you refer to it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.