My husband and I are planning to purchase a 2 bedroom flat in Botany Bay with a mortgage. We like our Botany Bay conveyancer, but the bank says he's not on their "panel". It appears that we have no choice but to use one of the bank panel conveyancing practices or retain our Botany Bay property lawyer and pay for one of their panel ones to act for them. We consider that this is inequitable; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Botany Bay conveyancing lawyer to apply to be on the conveyancing panel.
At what point will exchange of contracts occur in residential conveyancing in Botany Bay and am I required to attend the lawyers office?
Where you are round the corner to our conveyancing solicitors in Botany Bay you are welcome to attend to sign the paperwork. That being said, the law practices we recommend offer a nationwide conveyancing service and provide just as comprehensive and professional a job for you when dealing with you electronically. The executing of the property agreement is not the critical part. Signing on the dotted line simply enables the conveyancer to officially exchange at the appropriate time, which will usually be very shortly after signing. The exchange process is is usually a five minute process, although where an extended "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Botany Bay)to be in the office at the appropriate time.
I am considering remortgaging my home in Botany Bay, does my lawyer need to be on the Nottingham Conveyancing panel?
There is nothing to stop you using your solicitor, but Nottingham will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a quick, chain free conveyancing. Botany Bay is where the house is located. What do you suggest?
Flying freeholds in Botany Bay are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Botany Bay you would need to get your solicitor to go 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 Botany Bay 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 residence.
I have recently realised that I have Fifty years unexpired on my flat in Botany Bay. I now wish to get lease extension but my freeholder is can not be found. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to track down the landlord. On the whole an enquiry agent would be useful to conduct investigations and to produce an expert document to be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Botany Bay.
Following years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Botany Bay. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a Botany Bay conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Botany Bay premises is 23 Beaconsfield Road in July 2013. The Tribunals decided that the amount payable was £31,203 for the freehold. This case was in relation to 2 flats. The number of years remaining on the existing lease(s) was 70.31 years.
Are the Botany Bay conveyancing lawyers identified as being on the lender conveyancing panel, together with their details provided by the mortgage company?
Botany Bay law firm practices and firms conducting conveyancing in Botany Bay themselves provide us confirmation that they are on the bank conveyancing panel as opposed to being supplied with a list from the lender directly.