My Dalston conveyancer has identified a difference when comparing the information in the valuation survey and what is in the title deeds. My solicitor says that he must check that the lender is happy with this discrepancy and is content to go ahead. Is my lawyer’s approach correct?
Your solicitor must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Is it necessary during the course of the conveyancing process to attend the offices of the solicitor to execute the legal charge? If so, I will choose one who does conveyancing in Dalston so that I can attend their offices if necessary.
Whereas this was necessary 12 years ago, almost all lenders no longer require their conveyancing panel lawyer to witness the borrowers signature. You will still be obliged to provide ID documents and there are still distinct advantages to using a local practitioner, in your case a conveyancing solicitor in Dalston.
We had instructed conveyancers based in Dalston on the Nationwide solicitor panel. They have just billed me a supplemental sum for dealing with the Nationwide mortgage. Is this a supplemental conveyancing fee set by Nationwide?
As unfair as it may seem, as long as it’s in their Terms of Engagement or estimate then yes your solicitor may levy a fee for this. This fee is not set by Nationwide but by your Dalston lawyer. Plenty of firms on the Nationwide panel will quote an ‘acting for lender’ fee and others do not.
Last month we had a mortgage agreed in principle with Aldermore. Dalston conveyancing solicitors were instructed. What is the average time that one could expect to receive a mortgage offer from Aldermore?
Some lenders take longer than others. Have Aldermore completed the survey? Have you advised Aldermore as to your lawyers' details and checked that your lawyers are on the Aldermore conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
My wife and I are in the throws of viewing houses in Dalston and I am now considering a potential offer. Should I already have a lawyer in place at this stage? I am planning to take a home loan with Yorkshire BS.
It would be advisable to commence your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. As you are obtaining a mortgage with Yorkshire BS, ask your prospective lawyers if they are on the Yorkshire BS conveyancing panel otherwise they can't do the mortgage legal work.
Various online forums that I have visited warn that are the main reason for stalling in Dalston house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not feature within the most frequent causes of delays during the legal transfer of property. Local searches are not likely to feature in any holding up conveyancing in Dalston.
Me and my brother own a terraced Georgian property in Dalston. Conveyancing practitioner acted for me and Leeds Building Society. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold under the matching address. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Dalston and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with the conveyancing lawyer who conducted the purchase.
I've recently bought a leasehold house in Dalston. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Dalston conveyancing firm to represent me?
in cases where there is a missing landlord 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 First-tier Tribunal (Property Chamber) to decide the price.
An example of a Freehold Enfranchisement decision for a Dalston premises is 150 Amhurst Road in December 2013. The tribunal concluded that the premium to be paid by the applicant for the enfranchisement of the subject property was £43,500. This case related to 4 flats. The number of years remaining on the existing lease(s) was 90 (or thereabouts).