I am acquiring a maisonette in Barrow Upon Soar. My Solicitor is not on the mortgage company conveyancing list. Can I still use my Barrow Upon Soar conveyancing solicitor even though they are excluded from the lender list of approved lawyers?
You have a number of choices available to you here
- Complete the purchase with your preferred Barrow Upon Soar property lawyer but your bank will need to retain a property lawyer from their approved panel. The net result is additional fees together with likely frustration.
- Appoint a new conveyancer to act in the purchase, making sure they are on the lender conveyancing panel.
- Convince your conveyancer to pull out all the stops to get accepted on the bank’s panel of solicitors
My solicitor has uncovered a a problem with the lease for the apartment we are buying in Barrow Upon Soar. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancing practitioner says that he must check that the mortgage company is happy with this solution. Who is the client here, us or the bank?
Even though you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
About to purchase a new build apartment in Barrow Upon Soar. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Barrow Upon Soar
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are architect prepared. Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. There must be mutual enforceability of lessee’s covenants.
Due to the guidance of my in-laws I had a survey completed on a property in Barrow Upon Soar in advance of appointing lawyers. I have been told that there is a flying freehold overhang to the house. The surveyor advised that some mortgage companies may not grant a loan on a flying freehold premises.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone 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 Barrow Upon Soar. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Barrow Upon Soar to see if the conveyancing costs will increase in light of this.
In what way does the Landlord & Tenant Act 1954 affect my commercial premises in Barrow Upon Soar and how can you help?
The 1954 Act provides protection to commercial tenants, granting the dueness to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds where a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and help with commercial conveyancing in Barrow Upon Soar
I acquired a property in Barrow Upon Soar last 5/6/2025 and to date it is still not registered with HMLR. It was part of a development site and my conveyancing practitioner told me that it may take 12 months to register. I have contacted HM Land Registry directly and they say that the original application was cancelled due to questions not being addressed in time. Do I need to be concerned?
It is your conveyancing practitioner that you should get in touch with in order to satisfy any questions which have arisen as part of the registration process for your Barrow Upon Soar property. Normal Barrow Upon Soar conveyancing practice includes an undertaking on the part of the previous owner’s lawyer that they will assist in resolving any question raised by HMLR so it may be a case of seeking to enforce that undertaking if necessary.