Our lawyer has discovered a a problem with the lease for the apartment we are purchasing in Hounslow. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancer has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
We are purchasing a house and need a conveyancing solicitor in Hounslow who is on the Co-operative approved panel. Can you recommend a local conveyancing firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Co-operative . We don't recommend any particular firms conducting conveyancing in Hounslow.
My bid for a property was accepted at auction in Hounslow. Conveyancing is necessary. What happens now?
Given that you are now legally committed yourself to purchase you now have to choose a conveyancing solicitor soon as you now have a pending a fixed date to complete the deal. All auction property will ordinarily have a corresponding auction set of papers. This will include most,if not all of the paperwork that your lawyer will need. If you have purchased leasehold premises the conveyancing pack may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork pertinent to a leasehold property. You need to pass this on to the conveyancer instructed by you ASAP. You also need to ensure that that you have the requisite funding in order to complete the transaction on the set completion date.
We had selected conveyancing lawyers locally in Hounslow on the Clydesdale solicitor approved list. They have just invoiced me a supplemental amount for dealing with the Clydesdale mortgage. Is this an additional conveyancing fee set by Clydesdale?
Provided it is contained in their Terms of Engagement or Quote then yes your conveyancer is entitled to levy a fee for this. The charge is not set by Clydesdale but by your Hounslow solicitor. Some firms on the Clydesdale panel will levy an ‘acting for lender’ fee and others do not.
I have a mortgage with HSBC for my property in Hounslow. Conveyancing was finalised months ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform HSBC?
You must advise HSBC in advance of letting out your property as this is likely to be a breach of HSBC’s mortgage conditions. It may be that HSBC will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact HSBC directly. It should not be necessary to do this via a HSBC conveyancing panel solicitor.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a quick, chain free conveyancing. Hounslow is the location of the property. Can you offer any opinion?
Flying freeholds in Hounslow are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Hounslow you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hounslow 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 need to instruct a conveyancing lawyer in Hounslow for my sale. Can I review a solicitor's record with the profession’s regulator?
Members of the public may find published Solicitor Regulator Association (SRA) decisions arising from investigations commenced on or after Jan 2008. Go to Check a solicitor's record. For details Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The regulator may monitor call for training purposes.
What are your top tips when it comes to choosing a Hounslow conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Hounslow conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Hounslow conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be helpful:
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How familiar is the firm with lease extension legislation? What are the charges for lease extension conveyancing?
After months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Hounslow. Can we issue an application to the Residential Property Tribunal Service?
if there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the LVT to arrive at the price payable.
An example of a Lease Extension decision for a Hounslow flat is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The unexpired term was 60.45 years.