My Ashtead lawyer has discovered a difference between the information in the home valuation survey and what is revealed within the title deeds. My lawyer says that he is obliged to check that the lender is OK with this discrepancy and is content to go ahead. Is my lawyer’s stance right?
Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am selling my apartment in Ashtead. Does my lawyer have to be on the Virgin Money conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Virgin Money conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently currently.
I'm at the point of looking at houses in Ashtead and I am about to put in an offer. Should I already have a conveyancing practitioner in place at this point? I will be getting a mortgage with Bank of Ireland.
You should start requesting conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the estate agent. Given that you are obtaining a mortgage with Bank of Ireland, make sure you remember to check that your lawyer is on the Bank of Ireland conveyancing panel.
I have decided to exercise my right to buy my property in Ashtead off the council. I have a mortgage offer with Kent Reliance. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.
After shopping around on the internet I have found a Ashtead property lawyer having checked that they are on the Barclays conveyancing panel. Does my lawyer arrange the survey of the property?
Barclays will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barclays 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 conveyancer 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 Barclays, you could contact them to see if they have a list of approved surveyors in Ashtead.
My wife and I own a renovated Victorian house in Ashtead. Conveyancing practitioner acted for me and Skipton Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold under the exact same property. I thought I was buying a freehold how can I check?
You need to review 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 Ashtead and other areas of 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 mortgage companies. You can also enquire as to the situation with the conveyancing practitioner who conducted the purchase.
Can you provide any advice for leasehold conveyancing in Ashtead with the intention of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Ashtead can be bypassed where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers. If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Arranging a replacement share certificate is often a time consuming process and frustrates many a Ashtead conveyancing transaction. If a duplicate share is needed, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity. If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Ashtead state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such works. Where you fail to have the consents in place do not contact the landlord without contacting your solicitor first. If you have had any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as over rather than ongoing.
I am the registered owner of a first flat in Ashtead. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for a lease extension?
Most certainly. We are happy to put you in touch with a Ashtead conveyancing firm who can help.
An example of a Lease Extension decision 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 affected 1 flat. The number of years remaining on the existing lease(s) was 60.43 years.
I see that you have a search directory listing firms on the bank conveyancing panel. Do Ashtead conveyancing companies pay you a commission if I instruct them for my own conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the mortgage company conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint for your conveyancing in Ashtead.