My Conveyancer in Bath is not on the Clydesdale Approved Panel. Can I still continue with my prefered solicitor even though they are not on the Clydesdale panel of approved conveyancing solicitors?
The limited options available to you here include:
- Complete the purchase with your existing Bath solicitors but Clydesdale will need to use a conveyancer on their list of acceptable firms. This will inevitably rack up the overall conveyancing fees as well as result in frustration.
- Choose a new practitioner to act in the conveyancing, remembering to check they are on the Clydesdale panel
When it comes to mortgage companies such as Bank of Ireland, do Bath conveyancing practitioners face a fee to be on the list of approved solicitors?
We are not aware of any lender fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
I'm in the process of looking at flats in Bath and I am now considering a potential offer. Should I already have a lawyer in place at this stage? I am planning to take a mortgage with Co-operative.
You should start requesting conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the estate agent. As you are obtaining a mortgage with Co-operative, make sure you remember to check that your lawyer is on the Co-operative conveyancing panel.
I am selling my apartment. I had a double glazing fitted in July 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Bank of Ireland are being problematic. The Bath solicitor who is on the Bank of Ireland conveyancing panel is saying indemnity insurance will be fine but Bank of Ireland are insisting on a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
My wife and I purchased a terraced Georgian house in Bath. Conveyancing lawyer acted for me and Platform Home Loans Ltd. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold with the matching address. Is it worth asking Platform Home Loans Ltd to clarify?
You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Bath and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing lawyer who carried out the work.
How does conveyancing in Bath differ for newly converted properties?
Most buyers of new build property in Bath contact us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is finished. This is because developers in Bath typically purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Bath or who has acted in the same development.
Due to the input of my in-laws I had a survey completed on a property in Bath ahead of instructing solicitors. I have been advised that there is a flying freehold aspect to the property. The surveyor has said that some mortgage companies may refuse to give a mortgage on this type of home.
It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. If you e-mail us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Bath. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Bath to see if the conveyancing will be more expensive.
Frank (my husband) and I may need to rent out our Bath basement flat for a while due to a new job. We used a Bath conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
The lease governs the relationship between the freeholder and you the flat owner; specifically, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Bath do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
Bath Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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The best form of lease structure is a share of the freehold. In this arrangement the leaseholders have control and even though a managing agent is frequently employed if the building is larger than a house conversion, the managing agent is directed by the tenants. How many of the leaseholders are in arrears for their maintenance charge payments? Best to be warned whether window replacement or some other major work is anticipated that will be shared between the tenants and may well dramatically impact the level of the service costs or result in a specific invoice.