My partner and I swapping mortgage lender for our maisonette in Old Malden with Co-operative. We have a son 18 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have two questions (1) Is this document specific to the Co-operative conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your Co-operative conveyancing panel solicitor is doing the right thing 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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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 are purchasing a flat and need a conveyancing solicitor in Old Malden who is on the Bank of Ireland conveyancing panel. Could you point me in the right direction as regards a firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Bank of Ireland . We don't recommend any particular firms conducting conveyancing in Old Malden.
Does a directory service exist listing Bank of Ireland panel conveyancers in Old Malden on the Council of Mortgage Lender’s Website?
Unfortunately not yet. There is no such facility on the CML or Building Society Association websites. A small selection of mortgage companies make their panel listings available over the internet. Where you are in need of a Old Malden conveyancing practitioner on the Bank of Ireland please use our tool.
We had chosen conveyancers based in Old Malden on the Clydesdale solicitor panel. They are now charging me an additional fee for handling the Clydesdale mortgage. Is this a supplemental conveyancing fee specified by Clydesdale?
Provided it is contained in their Terms and Conditions or estimate then yes your property lawyer may levy a fee for this. This charge is not dictated by Clydesdale but by your Old Malden lawyer. Numerous firms on the Clydesdale panel will charge ’dealing with mortgage’ fee and others do not.
I'm spending time looking at houses in Old Malden and I am now considering a potential offer. Should I already have a conveyancer appointed at this stage? I intend to finance via a mortgage with Coventry BS.
You should start requesting conveyancing estimates from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are obtaining a mortgage with Coventry BS, make sure you remember to check that your lawyer is on the Coventry BS conveyancing panel.
Due to the encouragement of my in-laws I had a survey completed on a property in Old Malden prior to instructing lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies will not give a loan on this type of home.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Nationwide. If you contact us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Old Malden. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Old Malden to see if the conveyancing costs will increase in light of this.
I’m about to sell my basement apartment in Old Malden. Conveyancing solicitors are to be appointed soon, however I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?
It best that you pay the invoice as usual as all rents and maintenance payments should be apportioned on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Following months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Old Malden. Can we issue an application to the Residential Property Tribunal Service?
Where there is a absentee landlord or where there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the LVT to calculate the price.
An example of a Lease Extension matter before the tribunal for a Old Malden property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.
My wife and I have chosen a Old Malden conveyancing solicitor for our house purchase (FTB’s) and have spotted in the engagement letter that they are not governed by the FCA. Should I be concerned or is that standard with lawyer?
We can't see why they should be. Most property lawyer don't lend money. You should check that they are regulated by the SRA, who have specific conditions in relation to monies deposited by them.