Can you clarify what the consequences are if my lawyer’s firm is removed from the Aldermore Solicitor panel ahead of completing my conveyancing in Greater Manchester?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Is it correct that all Greater Manchester CQS (Conveyancing Quality Scheme) solicitors are on the Co-operative conveyancing panel?
Some major lenders now make use of the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their panels.
Completion of my purchase has taken place for my property in Greater Manchester. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
After shopping around on the internet I have found a Greater Manchester lawyer having made sure that they are on the HSBC conveyancing panel. Does my lawyer arrange the survey of the property?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC 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 conveyancer 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 Greater Manchester postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in Greater Manchester.
Will our lawyer be making enquiries regarding flooding during the conveyancing in Greater Manchester.
The risk of flooding is if increasing concern for lawyers carrying out conveyancing in Greater Manchester. Some people will buy a house in Greater Manchester, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to impart advice on flood risk, however there are a various checks that can be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Greater Manchester. The conventional set of property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the owner to discover if the property has historically flooded. If the property has been flooded in past which is not disclosed by the seller, then a purchaser could bring a compensation claim stemming from an misleading answer. A purchaser’s solicitors may also commission an enviro report. This should disclose whether there is a recorded flood risk. If so, further investigations should be made.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a simple, chain free conveyancing. Greater Manchester is where the house is located. What do you suggest?
Flying freeholds in Greater Manchester are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Greater Manchester you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Greater Manchester may decide 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 premises.
In what way does the Landlord & Tenant Act 1954 affect my business offices in Greater Manchester and how can you help?
The particular law that you refer to gives a safeguard to commercial leaseholders, giving them the a statutory right to apply to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Greater Manchester is one of the numerous locations in which our lawyers are located
If all goes to plan we aim to complete our sale of a £175,000 flat in Greater Manchester on Friday in a week. The managing agents has quoted £324 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Greater Manchester?
For most leasehold sales in Greater Manchester conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
-
Addressing pre-exchange enquiries
Where consent is required before sale in Greater Manchester
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Greater Manchester - A selection of Queries Prior to Purchasing
-
How long is the Lease? The prefered form of lease structure is where the freehold title is in the ownership of the leaseholders. In this situation the lessees have control and although a managing agent is frequently retained if it is larger than a house conversion, the managing agent acts for the leaseholders themselves. The majority of Greater Manchester leasehold apartments will be liable to pay a service charge for the upkeep of the block invoiced on behalf of the landlord. If you buy the apartment you will have to meet this liability, usually in instalments throughout the year. This can be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a ground rent to be met yearly, this is usually not a exorbitant sum, say around £50-£100 but you need to check as occasionally it could be many hundreds of pounds.