My partner and I are looking to acquire a home in Hounslow and are in fact using a Hounslow conveyancing firm. Within the last couple of days our property lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Birmingham Midshires have this afternoon contacted us to advise us that they have now hit a problem as our Hounslow conveyancer is not on their conveyancing panel. Please explain?
Where you are buying a property with the assistance of a mortgage it is standard for the purchasers' lawyers to also represent 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 Accreditation 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 lender’s conveyancing panel and you may continue to use your own Hounslow solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
Is there a search tool that I can use to discover of the solicitor handling my conveyancing in Hounslow is on the bank’sapproved panel? I am looking to avoid the situation of having one lawyer for me and one for Accord Mortgages Ltd thus paying £175.00 in another set of conveyancing charges.
You should take advantage of the find a lender approved solicitor tool on this page. Please choose the mortgage company and type ‘Hounslow’ or your preferred area and you will see numerous conveyancers located in Hounslow or by proximity to you.
Will my lawyer be raising questions concerning flooding as part of the conveyancing in Hounslow.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Hounslow. Some people will buy a property in Hounslow, completely aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, however there are a numerous checks that can be initiated by the purchaser or by their conveyancers which will give them a better understanding of the risks in Hounslow. The standard property information forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to determine if the property has historically flooded. In the event that the property has been flooded in past which is not notified by the owner, then a purchaser may issue a legal claim for losses stemming from an incorrect reply. A buyer’s conveyancers should also conduct an environmental search. This should indicate whether there is any known flood risk. If so, further investigations should be carried out.
I am buying a new build flat in Hounslow. 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 are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Hounslow
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There must be mutual enforceability of lessee’s covenants. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Hounslow is the location of the property. Can you shed any light on this issue?
Flying freeholds in Hounslow are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Hounslow you would need to get your solicitor to go through the deeds very carefully. 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.
Back In 2004, I bought a leasehold house in Hounslow. Conveyancing and Barnsley Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Hounslow who acted for me is not around. What should I do?
First contact the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to instruct a Hounslow conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
My wife and I have hit a brick wall in seeking a lease extension in Hounslow. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We can put you in touch with a Hounslow conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal 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 related to 1 flat. The unexpired residue of the current lease was 60.45 years.