We're in Huddersfield, FTBs buying with a mortgage (lender is Santander , and our solicitor is on the Santander conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Santander conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Is it correct that all Huddersfield CQS (Conveyancing Quality Scheme) solicitors are on the Bank of Ireland conveyancing list of approved firms?
A selection of lenders now make use of CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
My husband and I have arranged the release of further monies on our home loan from Santander as we wish to conduct a loft conversion to our property in Huddersfield. Do we need to choose a high street Huddersfield solicitor on the Santander conveyancing panel to deal with the paperwork?
Santander would not normally require firms on their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Santander conveyancing panel.
I've digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Huddersfield solicitor - who is on the Leeds Building Society conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society 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 conveyancer 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 Huddersfield postcode. As you are getting a mortgage with Leeds Building Society, you could contact them to see if they have a list of approved surveyors in Huddersfield.
I have justbecome aware that Arc property Solicitors have closed. They carried out my conveyancing in Huddersfield for a purchase of a freehold house 9 months ago. How can I check that the property is not still registered in the name of the former proprietor?
The quickest method to check if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Huddersfield conveyancing specialists.
How does conveyancing in Huddersfield differ for new build properties?
Most buyers of new build premises in Huddersfield contact us having been asked by the builder to sign contracts and commit to the purchase even before the house is completed. This is because house builders in Huddersfield usually purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Huddersfield or who has acted in the same development.
How can the Landlord & Tenant Act 1954 impact my commercial property in Huddersfield and how can your lawyers assist?
The 1954 Act provides security of tenure to business lessees, giving them the a statutory right to apply to court for a continuation of occupancy when the lease comes to an end. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Huddersfield
Having checked my lease I have discovered that there are only 72 years left on my flat in Huddersfield. I am keen to extend my lease but my landlord is absent. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the landlord. In some cases a specialist may be useful to try and locate and to produce an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Huddersfield.
Huddersfield Leasehold Conveyancing - Sample of Questions you should ask before buying
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Please inform me if there are any major works in the planning that will likely increase the service fees? Who takes charge for maintaining and repairing the building? On the whole the outlay for major works are not wrapped into the service charges, albeit that a few managing agents in Huddersfield require leaseholders to contribute towards a reserve fund and this is used to offset against major repairs or maintenance.