Is it correct that all Clapham CQS (Conveyancing Quality Scheme) solicitors are on the Clydesdale conveyancing panel?
A selection of banks and building societies now use CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
I am buying a property in Clapham. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender HSBC be concerned?
As you are obtaining a mortgage with HSBC your lawyer must check the formal requirements contained in Part 2 of UK Finance Lenders’ Handbook for HSBC. The CML Handbook sets out minimum provisions for solar panel roof-space leases, and conveyancers are required to report to HSBC where a lease does not meet these specifications. The provisions relate to the installation of panels on properties countrywide and is not restricted to Clapham.
I have today made my last payment due on my mortgage with Bank of Ireland. I assume I don't need a Clapham lawyer on the Bank of Ireland panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Bank of Ireland 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 Bank of Ireland mortgage from the register. Bank of Ireland, 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 Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
How does conveyancing in Clapham differ for newly converted properties?
Most buyers of new build property in Clapham approach us having been asked by the seller to exchange contracts and commit to the purchase even before the house is finished. This is because developers in Clapham typically purchase the real estate, 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 conveyancing solicitors 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 used to new build conveyancing in Clapham or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in Clapham in advance of instructing lawyers. I have been told that there is a flying freehold overhang to the property. The surveyor has said that some banks may refuse to give a mortgage on a flying freehold property.
It depends who your proposed lender is. HSBC has different instructions from Nationwide. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Clapham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Clapham to see if the conveyancing will be more expensive.
I need to instruct a conveyancing practitioner in Clapham for my home move. Can I review a solicitor's record with the profession’s regulator?
One can find presented Solicitor Regulator Association (SRA) decisions stemming from inquisitions commenced on or after 1 January 2008. Go to Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors record, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, dial +44 (0)121 329 6800. The regulator sometimes recorded telephone calls for training requirements.
We expect to complete our sale of a £275,000 flat in Clapham next Monday. The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Clapham?
Clapham conveyancing on leasehold apartments often involves the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be content to assist. They may invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some situations it is in excess of £800. The administration charge invoiced by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration charges, otherwise the charge is technically not due. In reality you have no choice but to pay whatever is demanded should you wish to complete the sale of your home.
After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Clapham. Can we issue an application to the Residential Property Tribunal Service?
Where there is a absentee landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the sum to be paid.
An example of a Freehold Enfranchisement matter before the tribunal for a Clapham flat is 23 Chelsham Road in May 2013. the Tribunal found that the sum of £13,870.00 was payable for the freehold following a vestig order having been granted by Swansea County Court dated 1st March 2013 This case was in relation to 3 flats. The number of years remaining on the existing lease(s) was 99 years.
Estate agents have just been given the go-ahead to market my 2 bed apartment in Clapham.Conveyancing solicitors are to be appointed soon but I have just received a quarterly maintenance charge invoice – Do I pay up?
It best that you clear the service charge as usual given that all ground rent and maintenance invoices should be allottedon completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially