It has come to my attention via my mortgage adviser that my Biggin Hill lawyer is not on the mortgage company Solicitor panel. How can I be certain that this is indeed the case?
You need to call your Biggin Hill lawyer directly. It is reasonable to expect your lawyer to notify you what has happened. Where they are not on the panel they may be able to suggest a Biggin Hill conveyancing firm that is on the approved list of lawyers for your lender.
My partner and I have just bought a house in Biggin Hill. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been ordered as part of conveyancing in Biggin Hill?
The question is not clear as what problems have arisen and if they are unique to conveyancing in Biggin Hill. Conveyancing searches and due diligence initiated during the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a seller answers a document called a Seller’s Property Information Form. answers proves to be misleading, then you may have a 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 Biggin Hill.
We previously appointed conveyancers with offices in Biggin Hill on the UBS solicitor approved list. They have just invoiced me an additional charge for handling the UBS mortgage. Is this a supplemental conveyancing fee set by UBS?
Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer can levy a fee for this. This fee is not dictated by UBS but by your Biggin Hill property lawyer. Some firms on the UBS panel will quote ’dealing with mortgage’ fee and others do not.
Completion of my remortgage has taken place for my property in Biggin Hill. Conveyancing was a necessary evil but I would like to complain about the lender. How do I make a complaint?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Department at head office. We understand that complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
It is not clear whether my bank requires a lease extension. I have called into my local Biggin Hill building society branch on numerous occasions and was told they are content with the situation and they will lend. My Biggin Hill conveyancing solicitor - who is on the bank conveyancing panel- called and was told they will not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
The solicitor must comply with the Council of Mortgage Lenders’ Handbook Part 2 requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Due to the advice of my in-laws I had a survey completed on a house in Biggin Hill before instructing solicitors. I have been told that there is a flying freehold element to the house. The surveyor has said that some lenders may not issue a mortgage on such a house.
It varies from the lender to lender. HSBC has different requirements for example to Nationwide. Should you wish to call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Biggin Hill. Conveyancing will be smoother if you use a solicitor in Biggin Hill especially if they are acquainted with such properties in Biggin Hill.
I am thinking of appointing a conveyancing practitioner in Biggin Hill for my home move. Is there any facility to review a solicitor's complaints history with the profession’s regulator?
One may search for documented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Visit Check a solicitor's record. To find records about the period before 1 January 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, use +44 (0)121 329 6800. The SRA could recorded telephone calls for training reasons.
We have reached the end of our tether in trying to purchase the freehold in Biggin Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a Biggin Hill conveyancing firm who can help.
An example of a Lease Extension case for a Biggin Hill flat is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The unexpired residue of the current lease was 50.57 years.
What makes a Biggin Hill lease defective?
Leasehold conveyancing in Biggin Hill is not unique. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:
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Insurance obligations
A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Bank of Scotland, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.