My conveyancer has discovered a defect with the lease for the flat we are purchasing in Shepherd's Bush. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancer says that he must check that the bank is content with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
We see that you have a post code search directory identifying law firms on the Nottingham conveyancing panel. Do companies pay you a referral fee if I appoint them for our own conveyancing in Shepherd's Bush?
We are a listing service only for law firms wishing to communicate if they are on the Nottingham conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Shepherd's Bush.
What is your number one tip for choosing a conveyancing solicitor in Shepherd's Bush
We would encourage you not to base your choice on the cheapest Shepherd's Bush conveyancing fees. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of the deal.
I was told two weeks ago that my mortgage has been agreed to by UBS. Is it usual for UBS to only issue the offer once my solicitor in Shepherd's Bush is approved on their conveyancing panel? UBS have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for UBS to deal with your lawyer's application to be on the UBS conveyancing panel. There's no guarantee that your solicitor will be accepted.
Skipton have agreed my home loan in principle, my offer on a apartment in Shepherd's Bush has been agreed to, what are the next steps?
The property agent will want to know who your solicitors are (ensure that the conveyancers are on the bank’s panel). Telephone Skipton or the broker and finish off any appropriate forms. Skipton will sellect a valuer who will get in contact with the selling agent or owners to schedule an appointment. Once carried out (assuming no problems) it takes about a fortnight to receive the mortgage offer. Skipton will issue the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Shepherd's Bush.
How does conveyancing in Shepherd's Bush differ for new build properties?
Most buyers of new build premises in Shepherd's Bush approach us having been asked by the seller to sign contracts and commit to the purchase even before the premises is ready to move into. This is because builders in Shepherd's Bush tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Shepherd's Bush or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a property in Shepherd's Bush ahead of instructing lawyers. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some mortgage companies tend refuse to issue a mortgage on a flying freehold premises.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Shepherd's Bush. Conveyancing will be smoother if you use a solicitor in Shepherd's Bush especially if they are acquainted with such properties in Shepherd's Bush.
I want to let out my leasehold flat in Shepherd's Bush. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
The lease governs the relationship between the freeholder and you the leaseholder; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Shepherd's Bush do not prevent subletting altogether – such a clause would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.
I have had difficulty in negotiating a lease extension in Shepherd's Bush. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a Shepherd's Bush conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Shepherd's Bush residence is 82 Minford Gardens in February 2009. The Tribunal determined that the enfranchisement price was £37,341 This case affected 2 flats. The remaining number of years on the lease was 72.92 years.