I am hoping to receive a offer of a home loan from Nat West. I would like to retain the legal services of a Licensed Conveyancer in Berkshire. Does the Nat West Conveyancing panel allow for conveyancers regulated by the CLC?
The Nat West conveyancing panel is, like many other lenders, associated to the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the CLC.
Please help. My Berkshire solicitor is informing me me that he is legally obliged toconduct Berkshire conveyancing searches due to the fact thatthe firm are on the HSBCconveyancing panel. Is this really necessary?
You have limited options available to you. Given that you are taking out a loan with a lender your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Berkshire conveyancing searches.
If you had a top tip for choosing a conveyancing solicitor in Berkshire what would it be?
We would encourage you not to base your choice on the cheapest Berkshire conveyancing fees. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of time.
I am purchasing a property in Berkshire. A rare aspect is that the roof has a solar panel. TSB have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with TSB your lawyer must follow the formal requirements set out in Part 2 of UK Finance Lenders’ Handbook for TSB. The CML Handbook sets out minimum requirements for solar panel roof-space leases, and property lawyers are required to report to TSB where a lease fails to comply with these conditions. The provisions relate to the installation of panels on properties countrywide and is not restricted to Berkshire.
I am selling my house. I had a double glazing fitted in November 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, HSBC are being difficult. The Berkshire solicitor who is on the HSBC conveyancing panel is recommending indemnity insurance as a solution 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.
My colleague suggested that where I am buying in Berkshire I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is usually quoted for as part of the standard Berkshire conveyancing searches. It is a large document of about 40 pages, listing and detailing important information about Berkshire around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Berkshire Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Berkshire Education with maps and statistics, Local Amenities and other useful information about Berkshire.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Berkshire is where the house is located. Can you offer any assistance?
Flying freeholds in Berkshire are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Berkshire you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Berkshire may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Back In 2006, I bought a leasehold flat in Berkshire. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Berkshire who previously acted has now retired. What should I do?
First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Berkshire conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Berkshire Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
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Please tell me if there are any major works anticipated that will add a premium to the service charges? Plenty Berkshire leasehold properties will have a service bill for maintenance of the building set on behalf of the management company. If you acquire the property you will have to pay this contribution, usually in instalments accross the year. This can be anything from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all likelihood there will be a ground rent for you to pay annual, normally this is not a significant figure, say about £50-£100 but you need to check it because on occasion it could be many hundreds of pounds. You will want to discover as much as you can regarding the company managing the building as they can either make your life much easier or a lot more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the cleanliness of the communal areas. Ask other people what they think of them. Finally, find out the dates that the maintenance fees are due to the appropriate party and precisely what you get for your money.