Unfortunately I am unable to travel far from Brentford. I would like to know the understand why all Brentford property lawyers aren't included on all mortgage company panels?
Lenders ordinarily restrict either the nature or the number of conveyancing practices on their panel. A common example of such criteria being that a firm is required to have at least two partners. In addition to restricting the nature of firm, some lenders made a decision to restrict the size of their panel they use to act for them. You should note that building societies have no accountability for the accuracy of service given by any Brentford solicitor on their panel. Property fraud was the main trigger for the culling of conveyancing panels from 2008 even though there are opposing assessments concerning whether solicitors sat at the center of that fraud. Statistics from HM Land Registry reveal that thousands of law practices only transact less than three conveyances a year. Those advocating conveyancing panel consolidation ask why conveyancing firms deserve the right to remain on a bank panel when clearly property law is not their speciality?
Can your site be used to recommend a Conveyancing solicitor in Brentford even if I’m not purchasing or disposing of a house, for instance if I want to buy a shop in Brentford with a mortgage from Birmingham Midshires?
The service is predominantly used to get a quote from domestic conveyancing solicitors in Brentford but we have set out towards the bottom of this page some Brentford commercial conveyancing firms. You should speak with the firm directly to see if they can also act for Birmingham Midshires
I had intended to instruct a property lawyer in Brentford for our home move. Our broker has since advised us that our mortgage company Virgin Money won't deal with them. Surely this is unfair competition?
Pre- 2008 most banks had a different appetite for risk. Almost all Brentford conveyancing firms would have been on many lender panels. The financial services regulator in 2010 conducted a thematic investigation into mortgage fraud which concluded: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, lenders are increasingly seeing more data from law firms about their operations and the individuals who work for them and set certain criteria such a completing on a minimum number of transactions. Many Brentford conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Brentford is one of the hundreds of areas where the conveyancers we recommend are members of the panel for Virgin Money.
How does conveyancing in Brentford differ for new build properties?
Most buyers of new build or newly converted property in Brentford approach us having been asked by the developer to exchange contracts and commit to the purchase even before the house is finished. This is because builders in Brentford tend to buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Brentford or who has acted in the same development.
I decided to have a survey carried out on a property in Brentford in advance of appointing lawyers. I have been told that there is a flying freehold element to the house. My surveyor advised that some lenders will refuse to grant a loan on this type of house.
It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Brentford. Conveyancing may be slightly more expensive based on your lender's requirements.
I have attempted and failed to negotiate with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Brentford conveyancing firm to help?
Where there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to assess the price.
An example of a Freehold Enfranchisement decision for a Brentford residence is 105 & 105A Seaford Road in July 2013. The tribunal determined that the price payable for the freehold interest in the Property was £43,985 . This sum was to be paid into Brentford County Court to enable the matter to proceed This case was in relation to 2 flats.
In relation to leasehold conveyancing in Brentford what are the most frequent lease defects?
Leasehold conveyancing in Brentford is not unique. Most leases are drafted differently and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:
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Clauses dealing with recovering service charges for expenditure on the building or common parts. A duty to insure the building
You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Leeds Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.