We're in Beaufort, First timers purchasing with a mortgage (lender is Kent Reliance , and our lawyer is on the Kent Reliance conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Kent Reliance conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancing practitioner should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I happen to be the sole recipient of my late mum's will with all property in now in my sole name, including the my former home in Beaufort. The Beaufort property was put into my name in November. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', meaning my property ownership will be considered the same way as though I had purchased the house in November. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. How practical a view lenders take of it, depend on the mortgage company as this obligation is principally there to pick up on the purchase and immediately sell or the quick reselling of properties.
How can we know in advance if a Beaufort conveyancing solicitor on the Leeds Building Society panel is any good?
When it comes to conveyancing in Beaufort getting recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advocate that you speak with the lawyer carrying out your transaction.
I am selling my flat. I had a double glazing fitted in March 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Clydesdale are being a right pain. The Beaufort solicitor who is on the Clydesdale conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale 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.
A friend advised me that if I am purchasing in Beaufort I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally quoted for as part of the standard Beaufort conveyancing searches. It is a large report of about 40 pages, listing and detailing significant information about Beaufort around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Beaufort Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Beaufort Education with maps and statistics, Local Amenities and other useful information concerning Beaufort.
About to purchase a new build flat in Beaufort. 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 conveyancing.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Beaufort
-
Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. There must be mutual enforceability of lessee’s covenants. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Due to the guidance of my in-laws I had a survey completed on a property in Beaufort ahead of retaining lawyers. I have been informed that there is a flying freehold element to the house. The surveyor has said that some lenders will not issue a mortgage on a flying freehold property.
It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. If you contact us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Beaufort. Conveyancing may be slightly more expensive based on your lender's requirements.
I have just started marketing my garden apartment in Beaufort. Conveyancing lawyers have not yet been instructed, however I have recently had a half-yearly maintenance charge invoice – what should I do?
The sensible thing to do is pay the maintenance contribution as normal because all rents and service payments will be allotted on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Leasehold Conveyancing in Beaufort - Examples of Queries Prior to Purchasing
-
Are any of leasehold owners in dispute over their service charge payments? It is important to be aware whether window replacement or some other major work is pending that will be shared amongst the leasehold owners and may well dramatically impact the level of the maintenance charges or require a one time invoice. Generally speaking the outlay for major works are not incorporated into the service charges, although there some managing agents in Beaufort require leasehold owners to contribute towards a sinking fund and this is used to offset against major repairs or maintenance.