My husband and I are hoping to acquire a house in Harlow and are in fact using a Harlow conveyancing practice. Within the last couple of days our solicitor has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Halifax have this evening contacted us to inform me that they have now hit a problem as our Harlow solicitor is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Harlow solicitors, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
I am in a contract race with another prospective purchaser for a property in Harlow. What can be done to quicken up the buying process?
In a situation where the seller is applying a tight deadline to exchange it is highly recommended that your solicitor is familiar with the area as they will have local connections and intelligence. It is even conceivable that they may have handled otherhomes in the same street. You would be best advised to use a Harlow conveyancing firm. In addition, check that the lawyer is on the on the approved list for your mortgage company. It is estimated that nearly one in five of Harlow conveyancing transactions are suspended or jeopardised after finding out that a buyer’s lawyer was not on their banks member panel. This can often result in the legal transfer of property being delayed by an average of three weeks. It is estimated that this issue impacts approximately 100,000 home sales every year. Most Harlow conveyancing firms can not act for certain mortgage companies so do check at the outset.
It is 10 years ago since I purchased my home in Harlow. Conveyancing lawyers have now been instructed on the sale but I can't find my deeds. Is this a major issue?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by your lender or they may be archived with the lawyers who acted in the purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Harlow involves registered property but in the rare situation where your home is unregistered it is more problematic but is not insurmountable.
Just had an offer accepted on a new build flat in Harlow. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Harlow
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply a car parking plan.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Harlow is where the house is located. Can you shed any light on this issue?
Flying freeholds in Harlow are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Harlow you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Harlow 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 property.
I only have Fifty years unexpired on my lease in Harlow. I now want to get lease extension but my landlord is missing. What are my options?
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 lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the freeholder. In some cases a specialist would be useful to conduct investigations and to produce an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Harlow.
Leasehold Conveyancing in Harlow - Examples of Questions you should consider Prior to Purchasing
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Best to be warned if window replacement or some other significant cost is due shortly that will be shared by the leasehold owners and may well materially impact the level of the service costs or necessitate a one time payment. In the main the outlay for major works are not included within service charges, although a few managing agents in Harlow obliged leasehold owners to contribute towards a reserve fund and this is used to offset against major works. What prohibitions are there in the Harlow Lease?