I am currently in the process of buying my council flat in Leicestershire. I have a mortgage offer with Aldermore. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Aldermore, you will need to appoint a solicitor on the Aldermore conveyancing panel.
Completion of my purchase has taken place for my property in Leicestershire. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Department at head office. We understand that complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
I am selling my house. I had a double glazing fitted in September 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Coventry BS are being difficult. The Leicestershire solicitor who is on the Coventry BS conveyancing panel is recommending indemnity insurance as a solution but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Are there restrictive covenants that are commonly picked up during conveyancing in Leicestershire?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Leicestershire. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Leicestershire differ for newly converted properties?
Most buyers of new build or newly converted property in Leicestershire approach us having been asked by the developer to exchange contracts and commit to the purchase even before the house is completed. This is because house builders in Leicestershire usually acquire the site, 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 Leicestershire or who has acted in the same development.
I am thinking of appointing a conveyancing practitioner in Leicestershire for my home move. Can I review a firm’s record with the legal regulator?
You can search for documented Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. 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 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The SRA sometimes recorded call for training purposes.
I am a negotiator for a long established estate agent office in Leicestershire where we have experienced a number of leasehold sales jeopardised as a result of short leases. I have received inconsistent advice from local Leicestershire conveyancing solicitors. Can you confirm whether the owner of a flat can commence the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start 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 sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.
I acquired a studio flat in Leicestershire, conveyancing formalities finalised October 2003. Can you give me give me an indication of the likely cost of a lease extension? Similar flats in Leicestershire with over 90 years remaining are worth £192,000. The ground rent is £55 per annum. The lease ends on 21st October 2079
With just 54 years remaining on your lease we estimate the price of your lease extension to span between £32,300 and £37,400 plus professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first seeking the advice of a professional.
Me and my wife are selling a Leicestershire apartment we inherited some years ago in 2010. I have over 12 years conveyancing know-how and, now retired, intend to carry out the conveyancing. The purchaser's property lawyer has informed me that their building society will not allow us to do our own conveyancing insisting the funds to be transferred to a solicitor's bank account.
Mortgage requirements to conveyancers from all CML members specify that If the seller is not legally represented the borrower's lawyers should check whether the mortgage company needs to be notified so that a decision can be reached as to whether they are willing to proceed.