My lawyer has discovered a defect with the lease for the flat we are purchasing in Esher. The other side have offered title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancing practitioner says that he must ensure that the bank is content with this solution. Are we the client or is the mortgage company ?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the bank are the client. The appropriate lender specifications have to be complied with.
I am remortgaging my flat in Esher, does my lawyer have to be on the Santander Solicitor panel?
There is nothing to stop you using your solicitor, but Santander will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
I have today made my last payment due on my mortgage with Clydesdale. I assume I don't need a Esher lawyer on the Clydesdale panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Clydesdale 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 Clydesdale mortgage from the register. Clydesdale, 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 Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
After weeks of negotiation I have agreed a price on a house in Esher. My mortgage broker suggested a conveyancer. I paid an upfront payment of £200. A couple of days later, the conveyancing practitioner called me embarrassingly acknowledging that they were not on the Kent Reliance 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 Kent Reliance 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.
Planning on purchasing a flat in Esher. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Co-operative conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Esher lawyer is on the Co-operative conveyancing panel.
I need some expedited conveyancing in Esher as I have an ultimatum to exchange contracts in less than 4 weeks. Fortunately I do not require a mortgage. Can I avoid the conveyancing searches to save money and time?
If.Given you are not taking a mortgage you have the choice not to have searches carried out although no conveyancer would advise that you don't. Drawing on our experience of conveyancing in Esher the following are examples of issues that can show up and therefore impact the marketability of the property: Enforcement Actions, Outstanding Charges, Overdue Grants, Road Schemes,...
Due to the input of my in-laws I had a survey completed on a property in Esher ahead of retaining solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies tend refuse to issue a mortgage on such a home.
It depends who your proposed lender is. Lloyds has different requirements for example to Halifax. Should you wish to call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Esher. Conveyancing will be smoother if you use a solicitor in Esher especially if they are familiar with such properties in Esher.
There are only Seventy years remaining on my lease in Esher. I am keen to extend my lease but my freeholder is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations an enquiry agent would be helpful to carry out a search and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Esher.
I am the proprietor of a ground-floor 1960’s flat in Esher. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the premium due for a lease extension?
Most definitely. We can put you in touch with a Esher conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Esher flat is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.