Me and my fiance are planning to buy a 3 bedroom flat in Lee with a mortgage. We wish to retain our Lee conveyancer, but the mortgage company says he's not on their "panel". It appears that we have little choice but to select one of the mortgage company panel conveyancing practices or retain our Lee conveyancing practitioner and pay for one of their panel lawyers to act for them. We feel that this is unjust; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Lee conveyancing solicitor to apply to be on the conveyancing panel.
Our son is buying a house that has just been built in Lee with a mortgage from HSBC. His lawyer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the HSBC conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the HSBC conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
It is is a decade since I purchased my property in Lee. Conveyancing solicitors have just been retained on the sale but I am unable to track down the title documents. Is this a problem?
Don’t worry too much. Firstly the deeds may be with your lender or they could be in the possession of the conveyancers who handled the purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Most conveyancing in Lee relates to registered property but in the rare situation where your property is not registered it is more tricky but is not insurmountable.
Can I be sure that the Lee conveyancing solicitor on the Coventry BS panel is any good?
When it comes to conveyancing in Lee seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always suggest that you speak with the solicitor carrying out your transaction.
We are getting a further advance on our mortgage from Yorkshire BS as we wish to carry out improvements to our house in Lee. Do we need to choose a nearby Lee solicitor on the Yorkshire BS conveyancing panel to deal with the paperwork?
Yorkshire BS don't usually appoint a member of their approved list of lawyers 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 Yorkshire BS conveyancing panel.
We have agreed to purchase a house in Lee. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender RBS be concerned?
As you are obtaining a mortgage with RBS your lawyer must comply with the conveyancing requirements contained in Part two of UK Finance Lenders’ Handbook for RBS. The Council of Mortgage Lenders’ Handbook sets out minimum conditions for solar panel roof-space leases, and solicitors are required to report to RBS where a lease does not comply with these requirements. The conditions relate to the installation of panels on properties nationwide and is not isolated to Lee.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Lee is the location of the property. What do you suggest?
Flying freeholds in Lee are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Lee 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 Lee 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 residence.
After years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Lee. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to calculate the price payable.
An example of a Freehold Enfranchisement matter before the tribunal for a Lee premises is 18 Handen Road in April 2013. On 26 October 2012 District Judge Zimmels sitting at the Lambeth County Court made a Vesting Order that the Applicants be granted the right to acquire the freehold upon such terms and at such price determined by the LVT. The Tribunal arrived a figure of £39,535 as a valuation for the enfranchisement. This case affected 3 flats. The remaining number of years on the lease was 69.05 years.
What makes a Lee lease problematic?
Leasehold conveyancing in Lee is not unique. All leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:
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A provision to repair to or maintain elements of the building Insurance obligations
You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Bank of Scotland, and Nottingham Building Society all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.