I am nearing exchange of contracts for my house in Highgate and the estate agent has just called to advise that the buyers are switching law firm. I am told that this is due to the fact that the mortgage company will only engage with solicitors on their approved list. Why would a big named lender only deal with specific solicitors rather the firm that they want to choose to handle their conveyancing in Highgate ?
Mortgage companies have always had panels of law firms that can act for them, but in recent years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for many years.
Banks justify this action to a rise in fraud by way of justification for the pruning – criteria have been stiffened as a smaller panel is easier to keep an eye on. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any impact on this.
What does my ID and proof of funds have anything to do with my conveyancing in Highgate? What am I being asked for?
It is indeed that case that these requests have nothing to do with conveyancing in Highgate. Nowadays you will not be able to proceed with any conveyancing deal if you have not handing over evidence of your identity. This usually takes the form of a either your passport or driving licence plus a council tax bill. Please note that if you are providing your driving licence as evidence of identification it needs to be both the paper part and photo card part, one is not acceptable in the absence of the other.
Evidence of the origin of money is required in accordance with the Money Laundering Regulations. Don’t be offended when you are asked to produce this as your lawyer will need to retain this information on file. Your Highgate conveyancing solicitor will require evidence of proof of funds before they are able to accept any money from you into their client account and they should also ask further questions regarding the origin of monies.
I can see plenty of information on this site regarding conveyancing in Highgate but what is your top tip for appointing the right conveyancer in Highgate
We would encourage you not to go for the cheapest Highgate conveyancing costs illustration. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
We have agreed to purchase a house in Highgate. One unusual aspect is that the roof has a solar panel. UBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is UBS your lawyer must check the formal instructions outlined in Part 2 of UK Finance Lenders’ Handbook for UBS. The CML Handbook stipulates minimum provisions for solar panel roof-space leases, and property lawyers are required to report to UBS where a lease does not comply with these requirements. The provisions relate to the installation of panels on properties in England and Wales and is not limited to Highgate.
After shopping around on the internet I have found a Highgate lawyer having checked that they are on the Aldermore conveyancing panel. Does my lawyer arrange the survey of the property?
Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore 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 property lawyer 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 Highgate postcode. As you are getting a mortgage with Aldermore, you could contact them to see if they have a list of approved surveyors in Highgate.
What does a local search reveal concerning the property I am purchasing in Highgate?
Highgate conveyancing often commences with the applying for local authority searches directly from your local Authority or via a personal search organisations such as Searches UK The local search plays a central part in most Highgate conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your property. The search should supply information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.
The deeds to our property are lost. The conveyancers who conducted the conveyancing in Highgate 5 years ago have long since closed. Will I be able to sell the house?
You no longer need to hold title deeds to establish that you are the owner of your registered land or premises, given that the Land Registry hold details of all registered land or property electronically.
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Highgate. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Highgate ?
Most houses in Highgate are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area who can assist with the conveyancing process. We note that you are purchasing in Highgate so you should seriously consider looking for a Highgate conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will report to you on the legal implications.
After months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Highgate. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to make a decision on the premium.
An example of a Lease Extension matter before the tribunal for a Highgate property is Flat 2A 19 Shepherds Hill in June 2014. The tribunal concluded in accordance with section 48 and schedule 13 of the Leasehold Reform,Housing and Urban Development Act (the 1993 Act) that the premium payable in respect of the grant of a new lease for the Flat be £24,303 (twenty four thousand three hundred and three pounds) This case related to 1 flat. The unexpired lease term was 67.85 years.