My husband and I are planning to purchase a property in Berrylands and are in fact using a Berrylands conveyancing practice. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Britannia have this evening contacted us to inform me that they have now hit a problem as our Berrylands lawyer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Berrylands solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
As someone clueless as to conveyancing in Berrylands what is the number one tip you can impart concerning the ownership transfer in Berrylands
You may not hear this from too many lawyers but conveyancing in Berrylands and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there exists lots of opportunity for confrontation between you and other parties involved in the legal transfer of property. For example, the seller, property agent and sometimes your mortgage company. Selecting a lawyer for your conveyancing in Berrylands is a critical decision as your conveyancer is your adviser, and is the ONLY party in the legal process whose role it is to protect your legal interests and to keep you safe.
We are witnessing a definite creep of a "blame" culture- someone must be at fault for the process being so protracted. You must always trust your conveyancer ahead of all other parties when it comes to the legal assignment of property.
Does a directory service exist listing RBS panel solicitors in Berrylands on the UK Finance Lenders’ Handbook Website?
No. There is no such tool on the CML or Building Society Association sites. A small selection of lending institutions make their panel listings viewable over the internet. If you are seeking to appoint a Berrylands lawyer on the RBS please use our tool.
We were going to get a DIP from Aldermore this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Aldermore recommend any Berrylands solicitors on the Aldermore conveyancing panel, or is it better to go independently?
You will need to appoint Berrylands solicitors independently although you'll need to choose one on the Aldermore conveyancing panel. The solicitor represents both you and Aldermore through the process.
I was told two weeks ago that my mortgage has been agreed to by Coventry BS. Is it usual for Coventry BS to only issue the offer once my solicitor in Berrylands is approved on their conveyancing panel? Coventry BS have asked my solicitor to see a copy of their PI Insurance.
Mortgage companies tend not to not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Coventry BS to deal with your lawyer's application to be on the Coventry BS conveyancing panel. There's no guarantee that your solicitor will be accepted.
A friend recommended that if I am buying in Berrylands I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually included in the estimate for your Berrylands conveyancing searches. It is not a small document of about 40 pages, listing and setting out significant information about Berrylands around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Berrylands Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Berrylands Education with maps and statistics, Local Amenities and other useful information about Berrylands.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Berrylands. 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 legal work.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Berrylands
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Please confirm the Lease plans are surveyor prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
My wife and I purchased a leasehold house in Berrylands. Conveyancing and Clydesdale mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Berrylands who acted for me is not around. Do I pay?
The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Berrylands conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Berrylands conveyancing firm to help?
You certainly can. We are happy to put you in touch with a Berrylands conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Berrylands flat is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.