This question may be naive but I am wet behind the ears as FTB of a two bedroom flat in Berkshire. Do I pick up the keys to the property on the completion date from my lawyer? If this is the case, I will use a local conveyancing solicitor in Berkshire?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the completion advance to the vendor’s solicitors, and once they have received this, you will be called to receive the keys from the Estate Agents and move into your new home. This tends to happen between 1 and 3pm.
We have agreed to purchase a house in Berkshire. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Yorkshire BS be concerned?
As your lender is Yorkshire BS your lawyer must follow the conveyancing instructions set out in Part two of UK Finance Lenders’ Handbook for Yorkshire BS. The CML Handbook stipulates minimum requirements for solar panel roof-space leases, and conveyancers are required to report to Yorkshire BS where a lease fails to meet these provisions. The conditions relate to the installation of panels on properties nationwide and is not isolated to Berkshire.
I am due to exchange contracts on my apartment. I had a double glazing fitted in December 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, HSBC are being pedantic. The Berkshire solicitor who is on the HSBC conveyancing panel is happy to accept ‘lack of building regulation’ insurance but HSBC are requiring a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?
It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC 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.
Will our solicitor be raising enquiries regarding flooding during the conveyancing in Berkshire.
Flooding is a growing risk for conveyancers dealing with homes in Berkshire. Plenty of people will acquire a house in Berkshire, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to offer advice on flood risk, but there are a various checks that can be undertaken by the buyer or on a buyer’s behalf which will give them a better appreciation of the risks in Berkshire. The standard property information forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the seller to find out if the property has suffered from flooding. In the event that flooding has previously occurred and is not notified by the seller, then a buyer may commence a legal claim for losses as a result of such an misleading response. The purchaser’s conveyancers will also commission an enviro report. This should disclose whether there is any known flood risk. If so, further inquiries will need to be initiated.
The estate agent has sent us the confirmation of our purchase of a new build flat in Berkshire. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Berkshire
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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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply a car parking plan.
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If all goes to plan we aim to complete our sale of a £425,000 apartment in Berkshire next Thursday. The management company has quoted £300 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Berkshire?
For most leasehold sales in Berkshire conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
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Addressing pre-exchange questions
Where consent is required before sale in Berkshire
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Berkshire - Examples of Questions you should ask before Purchasing
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If a Berkshire lease has less than eighty years it will impact the value of the property. Check with your bank that they are willing to lend given the lease term. A short lease means that you will almost definitely need a lease extension sooner rather than later and it is worth finding out how much this would cost. Remember, in most cases you would need to own the property for 24 months before you are legally able to extend the lease. Its a good idea to find out as much as possible about the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to day to day matters like the cleanliness of the communal areas. Ask prospective neighbours if they are happy with their management. Finally, find out the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds. What is the the remaining lease term?
My conveyancers in Berkshire have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with the lender. Is it case that being on the bank conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the mortgage company Conveyancing Panel Terms. It might be worth you contacting the bank directly.