Me and my fiance are planning to buy a 1 bedroom apartment in Clayhall with a mortgage. We have a Clayhall lawyer, but the mortgage company says he's not on their "panel". We have to appoint one of the bank panel firms or retain our Clayhall property lawyer and pay for one of their panel ones to act for them. We feel that this is unjust; are we not able to demand that the mortgage company use our Clayhall conveyancing practitioner ?
No, not really. The mortgage offered to you 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. Another option that might be available is for your Clayhall conveyancing lawyer to apply to be on the conveyancing panel.
After weeks of negotiation I have agreed a price on an apartment in Clayhall. My mortgage broker recommended their conveyancers. I paid an advanced payment of £225. A few days later, the lawyer called me embarrassingly acknowledging that they were not on the Lloyds conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Lloyds panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have instructed a Clayhall conveyancing practitioner having checked that they are on the Yorkshire BS conveyancing panel. Does my lawyer arrange the survey of the property?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Clayhall postcode. As you are getting a mortgage with Yorkshire BS, you could contact them to see if they have a list of approved surveyors in Clayhall.
Bank of Ireland have agreed my mortgage in principle, my offer on a apartment in Clayhall has been agreed to, what are the next steps?
The property agent will need to know who your solicitors are (be sure the conveyancing practitioners are on the bank’s approved list). Call up Bank of Ireland or your financial adviser and finish off any outstanding forms. Bank of Ireland will sellect a valuer who will get in contact with the selling agent or vendor to arrange an appointment. Once carried out (assuming no problems) it takes on average a fortnight for the mortgage offer to be issued. Bank of Ireland will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Clayhall.
My wife and I are downsizing from our home in Clayhall and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A high street Clayhall lawyer would know that there is no such problem. It does beg the question why the buyers used a nationwide conveyancing outfit rather than a conveyancing solicitor in Clayhall. Having lived in Clayhall for three years we know that this is a non issue. Should we contact our local Authority to obtain confirmation that there is no issue.
It would appear that you have a conveyancing solicitor currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a quick, chain free conveyancing. Clayhall is where the house is located. What do you suggest?
Flying freeholds in Clayhall are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Clayhall you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Clayhall may ascertain 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'm refinancing my primary house to a buy to let loan with Britannia and intend to use the remaining equity as a down payment on a second house. The area we are looking at is Clayhall. Will your solicitors be able to act for the two banks and link together the transactions?
Do use our search tool on this page to ensure that the solicitors are on the appropriate lender panels. Assuming that they are your conveyancer will be able to connect the two deals but you should have a chat with you solicitor and communicate your expectations and requirements.
I am in need of some leasehold conveyancing in Clayhall. Before I get started I require certainty as to the number of years remaining on the lease.
Assuming the lease is registered - and most are in Clayhall - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in Clayhall. Can the Leasehold Valuation Tribunal adjudicate on premiums?
in cases where there is a missing landlord or if there is disagreement 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 make a decision on the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Clayhall premises is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The unexpired lease term was 65 and 61.