Am I correct in assuming that the fact that my solicitor in Mortimer is not listed on my lender's conveyancing panel that there is a problem with the quality of her work?
That is more than likely a wrong assumption to make. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Mortimer conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
The Mortimer conveyancing solicitors that I appointed last week on my purchase in Mortimer have without warning closed. I chose them because I needed a firm on the Kent Reliance conveyancing panel and my previous Mortimer lawyer was not. I paid them 275 plus VAT on account. What should be my next steps?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Kent Reliance conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to assist.
This question may be naive but I am unexperienced as a 1st time buyer of a garden flat in Mortimer. Do I collect the keys to the property on completion from my lawyer? If so, I will find a High Street conveyancing solicitor in Mortimer?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will arrange to send the completion advance to the seller's lawyers, and once they have received this, you will be able to collect the keys from the Estate Agents and start moving into the property. Usually this occurs early afternoon.
A colleague pointed out to me me that in purchasing a property in Mortimer there may be a number of restrictions as to what one can do in terms of external changes to a property. Is this right?
We are aware of a number of properties in Mortimer which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Mortimer should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are buying a detached bungalow in Mortimer. Our aim is to carry out an extension to the side at the house.Will the conveyancing process involve investigations to determine if these alterations were previously refused?
Your solicitor will check the registered title as conveyancing in Mortimer will occasionally reveal restrictions in the title documents which prohibit certain changes or necessitated the permission of a 3rd party. Many works need local authority planning consent and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be sensible to check these things with a surveyor ahead of any purchase.
Will my solicitor be asking questions about flooding as part of the conveyancing in Mortimer.
The risk of flooding is if increasing concern for lawyers dealing with homes in Mortimer. Some people will acquire a property in Mortimer, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to give advice on flood risk, but there are a various checks that may be undertaken by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Mortimer. The standard completed inquiry forms supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the seller to determine whether the property has ever been flooded. If the property has been flooded in past which is not disclosed by the seller, then a purchaser could issue a legal claim for losses stemming from an inaccurate answer. A purchaser’s conveyancers will also carry out an enviro search. This will higlight if there is any known flood risk. If so, additional inquiries will need to be carried out.
In what way can the Landlord & Tenant Act 1954 impact my commercial property in Mortimer and how can you help?
The 1954 Act gives security of tenure to commercial tenants, giving them the a statutory right to apply to court for a new tenancy and continue in occupation when the lease reaches an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Mortimer is one of the many areas of the UK in which our lawyers are located
Completion is due on the sale of our £175,000 flat in Mortimer in 8 days. The managing agents has quoted £408 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Mortimer?
Mortimer conveyancing on leasehold apartments often necessitates the purchaser’s conveyancer submitting questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be content to assist. They may charge a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some transactions it is in excess of £800. The administration charge levied by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, otherwise the invoice is technically not due. Reality however dictates that you have no option but to pay whatever is requested of you if you want to complete the sale of your home.
I invested in buying a garden flat in Mortimer, conveyancing having been completed in 2004. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent properties in Mortimer with a long lease are worth £176,000. The ground rent is £50 charged once a year. The lease expires on 21st October 2076
You have 50 years remaining on your lease we estimate the price of your lease extension to be between £31,400 and £36,200 plus legals.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.