I am not in a position to travel far from Henbury. I would like to know the logic why all Henbury property lawyers aren't automatically on all lender panels?
Lenders tend to impose restrictions on either the nature or volume of conveyancing practices on their panel. A common example of such criteria being that a firm is required to have two or more partners. In addition to restricting the type of firm, some lenders decided to restrict the size of their panel they use to act for them. It is worth noting that lenders have no responsibility for the standard of conveyancing given by any Henbury solicitor on their panel. Increases in mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago even though there are opposing assessments concerning whether solicitors sat at the center of that fraud. Statistics published by HM Land Registry reveal that thousands of conveyancing organisations only transact a couple of conveyances annually. Those supporting conveyancing panel cuts ask why law firms deserve the right to be listed on a conveyancing panel when it is apparent that conveyancing is not their speciality?
I used Arc property Solicitors several years ago for my conveyancing in Henbury. Now, I need my documents but the law firm has closed. 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 Henbury of the conveyancing firm of solicitors you previously retained, 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 Henbury. Conveyancing is a frightening process 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 conveyancing.
Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Henbury
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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. 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. 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 surveyor prepared. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I opted to have a survey completed on a property in Henbury prior to instructing lawyers. I have been advised that there is a flying freehold element to the house. Our surveyor has said that some banks may not give a loan on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. Should you wish to call us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Henbury. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Henbury to see if the conveyancing costs will increase in light of this.
How can the Landlord & Tenant Act 1954 affect my commercial offices in Henbury and how can your lawyers assist?
The 1954 Act provides a safeguard to business leaseholders, giving them the right to apply to court for a renewal lease and continue in occupation when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Henbury
If all goes to plan we aim to complete our sale of a £200,000 maisonette in Henbury in just under a week. The management company has quoted £360 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Henbury?
For the majority of leasehold sales in Henbury conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
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Addressing pre-contract enquiries
Where consent is required before sale in Henbury
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Henbury Leasehold Conveyancing - A selection of Questions you should ask before Purchasing
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Make sure you find out if the the lease contains any adverse restrictions in the lease. For instance some leases prohibit pets being allowed in in a block in Henbury. If you like the propertyin Henbury however your cat can’t live with you then you will be presented with a hard determination. You should be aware that where the lease has no more than 80 years it will affect the value of the property. Check with your lender that they are willing to to proceed given the lease term. Leases with less than 80 years remaining means that you will most likely require a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will be required to have owned the residence for 24 months in order to be eligible to extend the lease. The majority of Henbury leasehold flats will have a service charge for the upkeep of the block set on behalf of the freeholder. Should you purchase the flat you will have to meet this liability, usually quarterly during the year. This can be anything from several hundred pounds to thousands of pounds for blocks with lifts and large common areas. There will also be a ground rent for you to pay yearly, this is usually not a exorbitant sum, say around £25-£75 but you should to enquire it because sometimes it can be prohibitively expensive.