Is the fact that my conveyancer in Ponthir is not identified on my mortgage company'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 all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (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 simply call the Ponthir conveyancing practice and ask them why they are no longer on the approved list for your mortgage company.
My wife and I have just purchased a property in Ponthir. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Ponthir?
The question is vague as what problems have arisen and if they are specific to conveyancing in Ponthir. Conveyancing searches and investigations undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a seller answers a document referred to as a SPIF. answers proves to be inaccurate, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Ponthir.
A friend advised me that in purchasing a property in Ponthir there could be a number of restrictions prohibiting external changes to a property. Is this right?
We are aware of a number of properties in Ponthir which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Ponthir should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Ponthir bank branch on a couple of occasions and was informed it wasn't a problem and they will lend. My Ponthir conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
As long as the property lawyer is on the bank panel, they must follow the Council of Mortgage Lenders’ Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am selling my house. I had a double glazing fitted in September 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, UBS are being pedantic. The Ponthir solicitor who is on the UBS conveyancing panel is recommending indemnity insurance as a solution but UBS are insisting on a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that UBS have referred the matter to their valuer. The reason why UBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I am planning on selling our house in Ponthir and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. A high street Ponthir lawyer would know this is not the case. For the life of me I don't know why the purchasers are using a national conveyancing firm as opposed to a conveyancing solicitor in Ponthir. Having lived in Ponthir for 4 years we know of no issue. Is it a good idea to contact our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Over the last few months I have been searching for a leasehold apartment up to £195,000 and identified one close by in Ponthir I like with open areas and station nearby, however it only has 52 years unexpired on the lease. There is not much else in Ponthir suitable, so just wondered if I would be making a grave error buying a short lease?
Should you require a mortgage the remaining unexpired lease term will be a potential deal breaker. Discount the price by the amount the lease extension will cost if not already taken into account. If the existing owner has owned the property for a minimum of twenty four months you may ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this.
In what way does the Landlord & Tenant Act 1954 impact my business premises in Ponthir and how can you help?
The 1954 Act provides security of tenure to business leaseholders, granting the legal entitlement to apply to court for a continuation of occupancy at the end of the lease term. There are limited grounds where a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and help with commercial conveyancing in Ponthir