I require conveyancing for a flat in a relatively new development (five years built) in Manor Park. The vast majority the flats are already occupied. Do I need carry out the local searches as part of conveyancing in Manor Park?
A big part of the Manor Park conveyancing process is the conveyancing searches. There are hundreds search providers who offer Manor Park conveyancing searches, as well straight from the local authority. These are known collectively as personal search providers due to them carrying out, personal searches. Nevertheless, all Local Authority Search conveyancing products have one thing in common - they must secure their information from the local authority.
I have been recommended a conveyancing solicitor in Manor Park. I need to find out whether they are accepted on the HSBC Bank approved list of lawyers. Can you advise?
The first thing you should do is contact your lawyer and ask them whether they can act for the lender. Alternatively you should call HSBC Bank who may be able to assist.
is it true that all Manor Park solicitor firms on the UBS conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the UBS conveyancing panel they would need to be overseen by the Solicitors Regulatory Authority. The majority of lenders do list licenced conveyancers on their panel in which case such firms would be governed by the CLC.
I have paid off my mortgage with Co-operative. I assume I don't need a Manor Park lawyer on the Co-operative panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
I currently have a mortgage with Co-operative for my property in Manor Park. Conveyancing has been completed 12 months ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Co-operative?
Your original mortgage agreement with Co-operative will provide that you need their approval in advance of renting your property as this is likely to be a breach of Co-operative’s mortgage conditions. It may be that Co-operative will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Co-operative directly. You need not do this via a Co-operative conveyancing panel lawyer.
I've recently found out that there is a flying freehold element on a house I have offered on two weeks back in what should have been a simple, chain free conveyancing. Manor Park is the location of the property. Can you offer any assistance?
Flying freeholds in Manor Park are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Manor Park you would need to get your solicitor to go 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 Manor Park 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.
Do you have any top tips for leasehold conveyancing in Manor Park with the aim of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Manor Park can be avoided if you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers’ conveyancers. If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Organising a duplicate share certificate can be a time consuming formality and slows down many a Manor Park home move. If a reissued share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later. If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you installed wooden flooring? Manor Park leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord consenting to such works. Should you dont have the consents in place do not contact the landlord without checking with your lawyer before hand. The majority of freeholders or Management Companies in Manor Park levy fees for supplying management packs for a leasehold home. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Manor Park. If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
After years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Manor Park. Can we issue an application to the Residential Property Tribunal Service?
Where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to determine the amount due.
An example of a Lease Extension case for a Manor Park premises is 240 Strone Road in January 2014. the tribunal held that the price to be paid for the freehold interest was£23,538 of which£13,017 is attributable to the ground floor flat and £10,521 to the first floor flat. This case affected 2 flats. The number of years remaining on the existing lease(s) was 65.5 years.
We have an offer in principle from Bank of Ireland who have advised we could borrow up to £400k. When do we need to instruct a lawyer for conveyancing? Manor Park is where we plan to move to.
It would be wise to appoint a conveyancer now and ask them to generate a file for you. This will kickstart: 1) the selling agent to send out the Sales Memo to all parties 2) the seller’s conveyancing practitioner to send out the draft paperwork. That being said, do not ask your property lawyer to start searches until you have your valuation report via Bank of Ireland and you are content to proceed.