My fiance and I are purchasing a newly converted flat in Orpington with a homeloan from The Royal Bank of Scotland.We have a Orpington conveyancing solicitor but The Royal Bank of Scotland advised that her practice is not listed on their approved list of member firms. We have to appoint a The Royal Bank of Scotland panel lawyer or keep our high street solicitor and fork out for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that The Royal Bank of Scotland use our lawyer?
No, not really. The home loan issued to you contains terms and conditions, a common one being that conveyancers must be on the The Royal Bank of Scotland solicitor panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for The Royal Bank of Scotland
I am buying a 4 bedroom semi-detached house in Orpington. We would like to an extension at the rear at the house.Will legal conveyancing on the property involve enquiries to ascertain if these alterations are permitted?
Your solicitor should check the registered title as conveyancing in Orpington can sometimes reveal restrictions in the title deeds which prohibit categories of alterations or necessitated the permission of another owner. Some additions require local authority planning consent and approval in accordance building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
I am buying a property in Orpington. One unusual aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is RBS your lawyer must check the formal requirements contained in Section 2 of UK Finance Lenders’ Handbook for RBS. The CML Handbook contains minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to RBS where a lease does not comply with these conditions. The conditions relate to the installation of panels on properties countrywide and is not restricted to Orpington.
Having digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Orpington solicitor - who is on the Co-operative conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative 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 lawyer 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 Co-operative, you could contact them to see if they have a list of approved surveyors in Orpington.
A friend suggested that where I am purchasing in Orpington I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually included in the estimate for your Orpington conveyancing searches. It is not a small report of about 40 pages, listing and detailing significant information about Orpington around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Orpington Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful data about Orpington.
I used Action Conveyancing a few years past for my conveyancing in Orpington. Now, I need the documents however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Orpington of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am a sole trader planning to take over a lease of a shop on the high street. Can you recommend solicitors offering fixed costs for commercial conveyancing in Orpington for below £2000?
We can recommend firms who host a wealth of experience of commercial conveyancing in Orpington, including the disposal and purchase of businesses as well as simply property. Whether you are looking to buy or lease a shop, pub, restaurant, office, retail unit or a whole business we will put you in touch with the right solicitor. As for the costs these will vary based on the structure and terms of the proposed transaction. Please provide us with your contact information or call so as to enable us to furnish you with a detailed commercial conveyancing quote.
There are only 72 years unexpired on my flat in Orpington. I now want to get lease extension but my freeholder is absent. What should I do?
On the basis that you meet the appropriate requirements, 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 mean that your lease can be extended by the magistrate. You will be obliged to prove that you have done all that could be expected to track down the landlord. In some cases an enquiry agent should be useful to conduct investigations and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Orpington.
I am the leaseholder of a first flat in Orpington. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for the purchase of the freehold?
Most certainly. We can put you in touch with a Orpington conveyancing firm who can help.
An example of a Lease Extension decision for a Orpington property 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 residue of the current lease was 50.57 years.