We are buying a new build apartment in Roath and my conveyancer is advising me that she is duty bound to the mortgage company to disclose incentives from the seller. I am nearing the developer’s deadline to sign contracts and I have no desire to prolong the conveyancing. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
It is 10 years ago since I acquired my property in Roath. Conveyancing lawyers have recently been instructed on the sale but I am unable to locate the title documents. Is this a major issue?
You need not be too concerned. Firstly the deeds may be kept by your lender or they could be in the possession of the solicitor who oversaw the purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring up to date copy of the land registers. Almost all conveyancing in Roath relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Have just purchased a repossessed house at auction in Roath. Conveyancing is required. What is next?
Having legally bound yourself to purchase you will need to appoint a conveyancing lawyer as a matter of urgency as you now have a tight deadline in which to complete the deal. Every auction property should have a corresponding auction set of papers. This will include evidence of title and search results. Where you are dealing with leasehold property the auction papers should provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to leasehold premises. You must pass this on to the lawyer working for you ASAP. Do make sure that you have funds in order to complete the transaction on the set completion date.
is it true that all Roath solicitor practices on the HSBC conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the HSBC conveyancing panel they would need to be governed by the SRA. Some lenders do permit licenced conveyancers on their panel in which case such firms would be governed by the CLC.
My offer was accepted on an apartment in Roath on 3/10/2025, valuation was booked five days after, received a clean bill of health. Property lawyer retained, so all that was missing was my mortgage offer. Having made daily calls to TSB and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the TSB conveyancing panel. Can the lender hold off the offer?
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for TSB to deal with your lawyer's application to be on the TSB conveyancing panel. There's no guarantee that your solicitor will be accepted.
My wife and I are intent on selling our house in Roath and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A local conveyancer would know that there is no such problem. It does beg the question why the purchasers used a national conveyancing firm as opposed to a conveyancing solicitor in Roath. We have lived in Roath for three years we know of no issue. Should we contact our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You need to enquire of 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 ailment)
I am buying a new build flat in Roath. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Roath
-
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply a car parking plan.
I've found a house that appears to be perfect, at a great price which is making it all the more appealing. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Roath. Conveyancing advisers have not yet been appointed. Will they explain the issues?
The majority of houses in Roath are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area who can help the conveyancing process. it is apparent that you are buying in Roath so you should seriously consider shopping around for a Roath conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer should advise you fully on all the issues.
Leasehold Conveyancing in Roath - A selection of Questions you should consider before Purchasing
-
For most Roath leaseholds the cost for major works are not included within service charges, although there some managing agents in Roath require tenants to contribute towards a reserve fund and this is used to offset against larger works. This information is useful as a) areas may cause problems for the building as the communal areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the running of the building you will want to have complete disclosure