When it comes to lenders such as Clydesdale, do Orpington conveyancing practitioners face an annual charge to be on the conveyancing panel?
We are not aware of any bank fees to be on their panel, although some do charge an administration fee to deal with the processing of the conveyancing panel submission.
My partner and I have arranged the release of further monies on our mortgage from Yorkshire BS as we wish to carry out a loft conversion to our property in Orpington. Do we need to appoint a nearby Orpington solicitor on the Yorkshire BS conveyancing panel to deal with the paperwork?
Yorkshire BS would not normally require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS list.
I have instructed a Orpington conveyancer having checked that they are on the Lloyds conveyancing panel. Does my lawyer arrange the survey of the property?
Lloyds will need an independent valuation of the property. Your lawyer will not arrange this. Usually Lloyds will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Orpington postcode. As you are getting a mortgage with Lloyds, you could contact them to see if they have a list of approved surveyors in Orpington.
Will my lawyer be raising questions about flooding as part of the conveyancing in Orpington.
The risk of flooding is if increasing concern for solicitors dealing with homes in Orpington. There are those who buy a house in Orpington, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, but there are a various searches that can be undertaken by the purchaser or by their conveyancers which can figure out the risks in Orpington. The standard completed inquiry forms given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the seller to determine if the premises has suffered from flooding. In the event that flooding has previously occurred which is not notified by the seller, then a buyer may issue a claim for damages as a result of such an inaccurate answer. A purchaser’s solicitors will also conduct an enviro search. This will reveal whether there is any known flood risk. If so, additional investigations will need to be conducted.
I am purchasing a new build house in Orpington with a loan from Aldermore. The sellers refused to reduce the price so I negotiated 6k of additionals instead. The estate agent suggested that I not reveal to my conveyancer about the deal as it would affect my mortgage with Aldermore. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
We're novice buyers - had an offer accepted, but the property agent informed us that the owners will only go ahead if we instruct the agent's recommended conveyancers as they need an ‘expedited deal’. My instinct tells me that we should use a high street conveyancer with experience of conveyancing in Orpington
It is unlikely the sellers are behind this. If they desire ‘a quick sale', turning down a motivated buyer is not the way to achieve this. Avoid the agents and go straight to the sellers and make sure they comprehend that (a)you are genuine purchasers (b)you are ready to go, with finances arranged © you are chain free (d) you wish to move quickly (e)however you intend to appoint your own,trusted Orpington conveyancing lawyers - not the ones that will provide their estate agent a referral fee or meet his conveyancing targets set by HQ.
I only have 68 years unexpired on my lease in Orpington. I need to get lease extension but my landlord is missing. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. In some cases a specialist should be helpful to carry out a search and prepare an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court covering Orpington.
Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Orpington. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We can put you in touch with a Orpington conveyancing firm who can help.
An example of a Lease Extension decision for a Orpington residence is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The unexpired term as at the valuation date was 50.57 years.
The estate agent has recommended their property lawyer for my conveyancing in Orpington - Surely it’s better to just use them?
You need to establish if the estate agent is recommending a conveyancing practitioner or introducing to a conveyancing practitioner. There are plenty of Orpington selling agents who recommend two or three Orpington conveyancing firms and get nothing from it.