We had instructed conveyancing lawyers based in Castelnau on the Virgin Money solicitor panel. They have just billed me a supplemental charge for dealing with the Virgin Money mortgage. Is this an additional conveyancing fee set by Virgin Money?
Unfortunately, as long as it is in their Terms and Conditions or estimate then yes your lawyer is entitled to charge a fee for this. This charge is not dictated by Virgin Money but by your Castelnau property lawyer. Some firms on the Virgin Money panel will charge ’dealing with mortgage’ fee but some practices include it on their overall fee.
I have paid off my mortgage with Barclays. I assume I don't need a Castelnau conveyancing practitioner on the Barclays panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Castelnau. I have a mortgage agreed with Santander. Conveyancing is not something I have any knowledge of. 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 Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
Should my lawyer be making enquiries regarding flooding during the conveyancing in Castelnau.
Flooding is a growing risk for lawyers dealing with homes in Castelnau. Some people will buy a property in Castelnau, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, but there are a number of searches that can be undertaken by the purchaser or by their solicitors which can figure out the risks in Castelnau. The standard information given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the owner to find out whether the property has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the seller, then a buyer may issue a legal claim for losses stemming from an incorrect reply. The purchaser’s solicitors will also conduct an enviro search. This will higlight whether there is any known flood risk. If so, further investigations should be made.
I have been on the look out for a ground for flat up to £195,000 and found one close by in Castelnau I like with a park and transport links in the vicinity, however it only has 52 years unexpired on the lease. There is not much else in Castelnau suitable, so just wondered if I would be making a mistake purchasing a short lease?
If you require a mortgage that many years may be an issue. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the premises for at least 2 years you could request that they commence the lease extension formalities and pass it to you. You can add 90 years to the current lease with a zero ground rent applied. You should consult your conveyancing solicitor regarding this matter.
Should I be wary by 3rd parties that I am dealing with are encouraging me to use a web based conveyancing firm rather than a High Street Castelnau conveyancing company?
As with lots of service providers, often referrals from relatives can be very helpful. But there are many parties with a vested interest in a conveyancing matter; estate agents, mortgage brokers and mortgage companies may suggest lawyers to choose. Sometimes the lawyers might be known to one of the organisations as one of the best in their field, but sometimes there is an underlying commercial relationship behind the recommendation. You are at liberty to select your own conveyancer. However, bear in mind that the majority of mortgage providers have an approved list of lawyers you have to use for the lender related work in your house move.
We are 14 days into a residential purchase having been recommend to a firm by the local agent to carry out the conveyancing in Castelnau. I am not happy. Could you you assist me in finding new solicitors?
They would have to be very bad to suggest replacing them. Has the loan offer been generated? If so you must make them aware of the replacement solicitor and get the loan are re-issued. Your new conveyancer should be on the banks approved list to avoid escalating costs and frustration. So that should be your first question of the new solicitors. Our search tool will help you find a lender approved conveyancer for your home move in Castelnau
I want to let out my leasehold apartment in Castelnau. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Some leases for properties in Castelnau do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
I have tried to negotiate informally with with my landlord for a lease extension without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Castelnau conveyancing firm to act on my behalf?
in cases where there is a missing landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to decide the price.
An example of a Freehold Enfranchisement case for a Castelnau premises is 19 Crisp Road in June 2009. Following a vesting order (Under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993) The tribunal determined that the premium payable for the acquisition of the freehold was £33,756,apportioned as to£12,285 for the lower at and £21,471for the upper fat. This case affected 2 flats. The unexpired lease term was 68.32 years.