We are buying a 3 bedroom apartment in Darlington with a mortgage. We would like to retain our Darlington conveyancer, however the mortgage company says she’s not on their "panel". It appears that we have little option but to appoint one of the mortgage company panel firms or retain our Darlington lawyer and pay for one of their panel lawyers to represent them. This seems very unfair; can we not insist that the mortgage company use our Darlington property lawyer ?
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. A further alternative is for your Darlington conveyancing lawyer to apply to be on the conveyancing panel.
My Darlington conveyancer has uncovered an inconsistency when comparing the surveyor’s assumptions in the home valuation report and what is revealed within the legal papers for the property. My lawyer informs me that he is obliged to check that the lender is happy with this discrepancy and is content to go ahead. Is my solicitor’s approach legitimate?
Your property lawyer 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 both parties.
It has been 4 months since my purchase conveyancing in Darlington took place. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I am buying a new build flat in Darlington. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Darlington
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Please supply a car parking plan. Please confirm the Lease plans are surveyor prepared. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
In what way can the Landlord & Tenant Act 1954 affect my commercial premises in Darlington and how can you help?
The 1954 Act gives protection to business leaseholders, granting the right to apply to court for a new tenancy and continue in occupation when the lease reaches an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Darlington
I am in need of some leasehold conveyancing in Darlington. Before diving in I require certainty as to the number of years remaining on the lease.
If the lease is registered - and 99.9% are in Darlington - 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.
Darlington Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments? What prohibitions are contained in the Darlington Lease? Who takes responsibility for maintaining and repairing the block?