My brother and I have just bought a property in Belper. We have since encountered a number of problems with the house which we suspect were missed in the conveyancing searches. Do we have any recourse? What searches should? have been conducted for conveyancing in Belper?
The question is not clear as to the nature of the problems and if they are unique to conveyancing in Belper. Conveyancing searches and due diligence undertaken as part of the buying process are designed to help avoid problems. As part of the process, a property owner completes a document known as a SPIF. If the information turns out to be misleading, you may have a misrepresentation claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Belper.
My property lawyer in Belper is not on the Godiva Mortgages Ltd Conveyancing Panel. Is it possible for me to use my prefered solicitor notwithstanding that they are not on the Godiva Mortgages Ltd approved list?
The limited options available to you here include:
- Complete the purchase with your existing Belper solicitors but Godiva Mortgages Ltd will need to instruct a solicitor on their panel. This will result in additional total legal charges and cause frustration.
- Choose a new solicitor to act in the conveyancing, not forgetting to check they are on the Godiva Mortgages Ltd panel
Are all Belper Conveyancing Quality Solicitors on the Virgin Money conveyancing list of approved practices?
It is true that some banks and building societies now make use of the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.
I am selling my flat. I had a double glazing fitted in June 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Kent Reliance are being pedantic. The Belper solicitor who is on the Kent Reliance conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Kent Reliance are requiring a building regulation certificate. Why do Kent Reliance have a conveyancing panel if they don't accept advice from them?
It is probably the case that Kent Reliance have referred the matter to their valuer. The reason why Kent Reliance 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.
I have instructed a Belper conveyancer having made sure that they are on the RBS conveyancing panel. Does my lawyer arrange the survey of the property?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS 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 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 Belper postcode. As you are getting a mortgage with RBS, you could contact them to see if they have a list of approved surveyors in Belper.
I have been on the look out for a flat up to £235,500 and identified one close by in Belper I like with open areas and transport links in the vicinity, the downside is that it only has 49 years unexpired on the lease. I can't really find anything else in Belper in this price bracket, so just wondered if I would be making a mistake buying a short lease?
Should you need a home loan the shortness of the lease will be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of twenty four months you may ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease and have £0 ground rent by law. You should speak to your conveyancing lawyer about this.
I am looking for a conveyancing practitioner in Belper for my home move. Is there any facility to review a solicitor's complaints history with the profession’s regulator?
One can find documented Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Visit Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The SRA sometimes monitor telephone calls for training purposes.
I've recently bought a leasehold flat in Belper. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I invested in buying a studio flat in Belper, conveyancing formalities finalised 3 years ago. Can you work out an approximate cost of a lease extension? Similar flats in Belper with a long lease are worth £211,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease terminates on 21st October 2093
With just 68 years unexpired we estimate the premium for your lease extension to span between £9,500 and £11,000 as well as costs.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.