I am not in a position to travel far from Kimberley. Can you please explain the reason why all Kimberley solicitors are not on all mortgage company panels?
As inequitable as it may seem for mortgage companies to limit who can represent them, from the public’s or solicitor’s perspective, the flip side is that mortgage companies are increasingly anxious and regard it essential to protect them from mortgage fraud. As a consequence of this concern lenders have restricted their conveyancing panel to a manageable size.
My wife and I intend to remortgage our penthouse in Kimberley with Clydesdale. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is repossessed. I have a couple of concerns (1) Is this document specific to the Clydesdale conveyancing panel as he never had to sign this form when we bought 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Clydesdale. This is solely used to protect Clydesdale if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Clydesdale had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
We just had an offer accepted to buy with Norwich and Peterborough Building Society. We have called around locally but cant to find a Kimberley conveyancing firm on the Norwich and Peterborough Building Society approved list. Please you assist?
Please do take advantage of the search tool on this page. Please choose the lender and type Kimberley or your preferred area and you will discover a number of lawyer based in Kimberley or by proximity to you.
I used Stirling Law a few years ago for my conveyancing in Kimberley. 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 Kimberley of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
In what way can the Landlord & Tenant Act 1954 impact my business property in Kimberley and how can your lawyers assist?
The 1954 Act provides a safeguard to business tenants, granting the right to make a request to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Kimberley is one of our hundreds of locations in which our lawyers have offices
I work for a reputable estate agency in Kimberley where we have experienced a number of flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Kimberley conveyancing firms. Can you shed some light as to whether the owner of a flat can commence the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Kimberley Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
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The prefered form of lease structure is where the freehold interest is in the ownership of the leaseholders. In this scenario the leaseholders have being in charge if their destiny and notwithstanding that a managing agent is often employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Is the freehold owned collectively by the leaseholders?