My conveyancer has identified a a problem with the lease for the flat we are purchasing in Braintree. The other side have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
My Conveyancer in Braintree has never been on on the The Royal Bank of Scotland Solicitor Panel. Is it possible for me to continue with my family solicitor even though they are not on the The Royal Bank of Scotland panel of approved conveyancing solicitors?
The limited options available to you here include:
- Carry on with your preferred Braintree lawyers but The Royal Bank of Scotland will need to instruct a lawyer on their panel. This will inevitably rack up the overall conveyancing fees and result in frustration.
- Find a new solicitor to to deal with the conveyancing, remembering to check they are The Royal Bank of Scotland approved.
- Try to convince your The Royal Bank of Scotland solicitor to attempt to join the The Royal Bank of Scotland panel
My bid for a property was accepted at auction in Braintree. Conveyancing is necessary. What is next?
Now that you are legally committed yourself to purchase you must find a conveyancing lawyer as a matter of priority as you now have a fast approaching a drop dead date to complete the purchase. Every auction property should have a corresponding legal pack. This will include the copy title deeds, local authority and drainage searches. If you have purchased leasehold property the legal papers may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to leasehold premises. You need to pass this on to your appointed conveyancing solicitor as soon as possible. Do make sure that you have funds organised to complete on the date specified in the contract.
We are buying a detached bungalow in Braintree. Our aim is to an extension at the rear at the house.Will legal due diligence on the property involve investigations to ascertain if these alterations are permitted?
Your conveyancer will review the deeds as conveyancing in Braintree can on occasion reveal restrictions in the title deeds which prohibit categories of alterations or require the permission of a 3rd party. Many works need local authority planning consent and approval in compliance with building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these issues with a surveyor ahead of any purchase.
I am currently in the process of buying my council flat in Braintree. I have a mortgage agreed with Aldermore. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Aldermore, you will need to appoint a solicitor on the Aldermore conveyancing panel.
I need to retain a conveyancing solicitor for sale conveyancing in Braintree. I've land on a site which appears to be the perfect solution If it is possible to get all formalities completed via email that would be preferable. Should I be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
Harry (my fiance) and I may need to sub-let our Braintree basement flat for a while due to a new job. We instructed a Braintree conveyancing firm in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
A lease dictates relations between the landlord and you the flat owner; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Braintree do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I am the registered owner of a split level flat in Braintree, conveyancing having been completed 9 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Braintree with an extended lease are worth £211,000. The average or mid-range amount of ground rent is £45 yearly. The lease comes to an end on 21st October 2093
You have 67 years unexpired the likely cost is going to span between £10,500 and £12,000 as well as plus your own and the landlord's "reasonable" professional fees.
The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.
Me and my husband have recently had an offer accepted on a property and had meeting on Wednesday with Leeds Building Society for the mortgage. They have informed us that when it comes to appointing a solicitor that if they are not on their approved list of property lawyers then we will incur a further charge of £200. This is is due to the fact that they would then have to select a conveyancer to act for them in addition to the one we appoint on our behalf and we assume responsibility for their costs. I have requested Leeds Building Society to provide me with a list so I can obtain quotes only from their approved conveyancers but was told that I need to check with each individual conveyancer to see if they are on the panel. What would be the best way of going about this?
Ask Leeds Building Society what their criteria for joining their panel is for a conveyancer.Thereafter ask the conveyancing practitioner of your choice whether they fit that criteria and have they acted on mortgages for Leeds Building Society in the past. Where the answer to those is yes, then just double check with Leeds Building Society. Alternatively please make use of our search tool and we may be able to identify a solicitor in Braintree on the panel for Leeds Building Society.