We're in Becontree Heath, FTBs purchasing with a mortgage (lender is Nottingham , and our solicitor is on the Nottingham conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Nottingham conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer 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.
is it true that all Becontree Heath solicitor practices on the Clydesdale conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the SRA. Many banks do permit licenced conveyancers on their panel and in that case the firms would be overseen by the CLC.
I have paid off my mortgage with Nationwide. I assume I don't need a Becontree Heath conveyancing practitioner on the Nationwide panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nationwide mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nationwide mortgage from the register. Nationwide, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Becontree Heath solicitor - who is on the Co-operative conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative 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 property 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 Becontree Heath postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Becontree Heath.
My partner and I are downsizing from our property in Becontree Heath and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Becontree Heath lawyer would know that there is no such problem. For the life of me I don't know why the buyers are using a nationwide conveyancing firm rather than a conveyancing solicitor in Becontree Heath. We have lived in Becontree Heath for three years we know that this is a non issue. Should we get in touch with our local Authority to get confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
five months have gone by following my purchase conveyancing in Becontree Heath concluded. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
We're first time buyers - agreed a price, yet the estate agent advised that the vendor will only proceed if we appoint their chosen lawyers as they need an ‘expedited deal’. My instinct tells me that we should use a family solicitor used to conveyancing in Becontree Heath
It is improbable the vendors are behind this. Should the seller desire ‘a quick sale', alienating a motivated purchaser is going to damage their objectives. Try to communicate with the vendors directly and make the point that (a)you are genuine buyers (b)you are ready to go, with finances in place © you do not need to sell (d) you wish to move quickly (e)but you are going to instruct your own,trusted Becontree Heath conveyancing firm - not the ones that will give the estate agent a kickback or achieve conveyancing targets pre-set by senior management.
What advice can you give us when it comes to finding a Becontree Heath conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Becontree Heath conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Becontree Heath conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be useful:
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How many lease extensions have they carried out in Becontree Heath in the last 12 months? What are the charges for lease extension conveyancing?
I am the leaseholder of a two-bedroom flat in Becontree Heath. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for the purchase of the freehold?
in cases where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the LVT to arrive at the premium.
An example of a Lease Extension case for a Becontree Heath premises is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case was in relation to 1 flat. The unexpired residue of the current lease was 61.36 years.