We're in Putney Heath, FTBs buying with a mortgage (lender is Co-operative , and our lawyer is on the Co-operative conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Co-operative conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am helping my sister sell her property in Putney Heath. Does the conveyancer commission an energy performance certificate or it is for the seller to see to?
Following the demise of Home Information Packs, energy assessments was retained a required component of moving property. An energy performance certificate must be to hand prior to the property being marketed. It is not something that solicitors ordinarily arrange. If you are instructing a Putney Heath conveyancing practitioner they might be able to arrange energy assessments due to their relationships with reputable local providers
When it comes to mortgage companies such as RBS, do Putney Heath conveyancing practitioners face a fee to be on the list of approved solicitors?
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 application.
After much negotiation I have agreed a price on an apartment in Putney Heath. My mortgage broker suggested a solicitor. I paid an upfront payment of £225. Shortly after, the solicitor called me sheepishly admitting that they were not on the Santander conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Santander panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should our conveyancer be raising enquiries concerning flooding as part of the conveyancing in Putney Heath.
Flooding is a growing risk for solicitors dealing with homes in Putney Heath. Some people will buy a house in Putney Heath, completely aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to give advice on flood risk, however there are a various searches that may be undertaken by the purchaser or by their solicitors which can figure out the risks in Putney Heath. The conventional set of property information forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) includes a usual question of the vendor to determine if the property has ever been flooded. In the event that the residence has been flooded in past which is not revealed by the owner, then a purchaser may issue a compensation claim as a result of such an incorrect reply. A buyer’s solicitors will also carry out an environmental report. This will indicate if there is any known flood risk. If so, additional investigations should be made.
I own a renovated Edwardian house in Putney Heath. Conveyancing lawyer represented me and Virgin Money. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, another for leasehold with the matching property. I'd like to know for sure, how can I find out??
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Putney Heath and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with your conveyancing lawyer who conducted the purchase.
Due to the encouragement of my in-laws I had a survey completed on a property in Putney Heath in advance of instructing solicitors. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some lenders may refuse to issue a mortgage on such a home.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. If you contact us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Putney Heath. Conveyancing will be smoother if you use a solicitor in Putney Heath especially if they are familiar with such properties in Putney Heath.
I am a negotiator for a reputable estate agency in Putney Heath where we have experienced a number of flat sales put at risk as a result of short leases. I have been given inconsistent advice from local Putney Heath conveyancing solicitors. Could you confirm whether the owner of a flat can initiate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
My wife and I have hit a brick wall in trying to reach an agreement for a lease extension in Putney Heath. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a Putney Heath conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Putney Heath residence is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case was in relation to 3 flats. The unexpired term was 66.25 years.