We previously selected conveyancing lawyers with offices in Durham on the Lloyds solicitor panel. They have just billed me a supplemental sum for handling the Lloyds mortgage. Is this a supplemental conveyancing fee specified by Lloyds?
Provided it is contained in their Terms of Engagement or Quote then yes your conveyancer may charge a fee for this. The charge is not dictated by Lloyds but by your Durham property lawyer. Some firms on the Lloyds panel will charge an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
It is not clear whether my bank requires a lease extension. I have called my Durham building society branch on numerous occasions and was advised it wasn't a problem and they will lend. My Durham conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their published requirements. Who do I believe?
As long as the conveyancing practitioner is on the mortgage company panel, they must adhere to the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I recently had an offer accepted on an apartment in Durham. My financial adviser recommended their conveyancers. I paid an advanced payment of £200. A few days later, the conveyancing practitioner contacted me to say that they were not on the Aldermore 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 Aldermore 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 used Action Conveyancing several years ago for my conveyancing in Durham. I now require my papers but the law firm is no longer operating. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Durham of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build apartment in Durham. Conveyancing is daunting 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 legal work.
Here are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Durham
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please confirm the Lease plans are architect prepared. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
I've recently found out that there is a flying freehold element on a house I have offered on last month in what was supposed to be a quick, chain free conveyancing. Durham is where the house is located. Can you shed any light on this issue?
Flying freeholds in Durham are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Durham you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Durham 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 only have Fifty years left on my lease in Durham. I am keen to extend my lease but my freeholder is missing. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have done all that could be expected to locate the freeholder. In some cases an enquiry agent may be helpful to try and locate and to produce a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court overseeing Durham.
Durham Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
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Are any of leasehold owners in arrears of their service charge payments? It is important to be aware whether window replacement or some other significant cost is pending that will be shared amongst the leaseholders and will dramatically increase the the maintenance fees or result in a specific payment. How much is the service charge and ground rent on the apartment?
I require the services of a lender panel solicitor in Durham. Can you assist?
Unfortunately it’s not apparent why you need a Durham panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to the bank to find out which solicitors in Durham are on their panel . If you do find such a firm in Durham not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site