I require conveyancing for an apartment in a relatively new development (seven years built) in Haywards Heath. Almost all the properties have already been occupied. Is it strictly necessary to order neighbourhood searches for my conveyancing in Haywards Heath?
If you getting a mortgage, your lender will require some (many) of the searches so you'll have no choice. If not, then Haywards Heath conveyancing searches are for you to decide upon. No doubt your conveyancer, will ’encourage’, perhaps strongly, that you should have the searches done, but he or she is duty bound in this regard. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you insist that your lawyer to proceed without searches then your lawyer will have to follow your instructions or you will need to swap to an alternative solicitor for your conveyancing in Haywards Heath.
Completed the sale of my flat in Haywards Heath last August yet the purchaser is telephoning daily to say their solicitor is waiting to hear from myconveyancer. What should have happened now that I have sold?
Following your disposal your solicitor is obliged to deliver the transfer deeds and all supplemental paperwork to the buyer’s solicitors. If applicable, your conveyancer must also evidence that the legal charge in favour of the lender has been paid off to the purchasers lawyers. There is unlikely to be post completion tasks peculiar conveyancing in Haywards Heath.
My uncle passed away last year and as sole heir and executor I was left the property in Haywards Heath. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Skipton, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then Skipton will require that you use a conveyancer on the Skipton conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Skipton conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Skipton mortgage is registered as a charge at the Land Registry.
Due to the input of my in-laws I had a survey completed on a house in Haywards Heath in advance of retaining lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor advised that some mortgage companies tend refuse to grant a loan on a flying freehold home.
It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. Should you wish to call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Haywards Heath. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a negotiator for a long established estate agent office in Haywards Heath where we see a number of leasehold sales jeopardised due to short leases. I have received contradictory information from local Haywards Heath conveyancing solicitors. Can you clarify whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Leasehold Conveyancing in Haywards Heath - Examples of Questions you should consider before buying
-
The majority of Haywards Heath leasehold apartments will be liable to pay a service charge for maintenance of the block invoiced by the freeholder. Where you acquire the apartment you will have to meet this charge, normally in instalments throughout the year. This may vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent for you to pay annual, this is usually not a exorbitant amount, say approximately £50-£100 but you should to check as on occasion it could be prohibitively expensive. Is the freehold reversion owned collectively by the leaseholders? The answer will be useful as a) areas may result in problems for the building as the communal areas may begin to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will want to have all the details
My conveyancers in Haywards Heath have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with the bank. Is it case that being on the bank conveyancing panel they need to have retained the file for a number of years?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the mortgage company Conveyancing Panel Terms. It might be worth you contacting the bank directly.