My partner and I are planning to purchase a home in South Croydon and have appointed a South Croydon conveyancing firm. Within the last couple of days our property lawyer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Halifax have this evening contacted us to inform me that there is now an issue as our South Croydon conveyancer is not on their conveyancing panel. Is this a problem?
Where you are buying a property needing a mortgage it is standard for the purchasers' solicitors to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred South Croydon lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
As someone with no idea as to conveyancing in South Croydon what is your top tip you can impart for the legal transfer of property in South Croydon
Not many law firms shout this from the rooftops but conveyancing in South Croydon or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there is an abundance of opportunity for friction between you and others involved in the transaction. E.g., the seller, selling agent and on occasion a mortgage company. Appointing a law firm for your conveyancing in South Croydon should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose responsibility is to act in your best interests and to protect you.
We are witnessing a worrying emergence of a "blame" culture- someone must be blamed for the process being so protracted. We recommend that you must always trust your conveyancer ahead of all other parties in the conveyancing process.
My uncle passed away 10 months ago and as sole heir and executor I was left the property in South Croydon. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this possible?
If you plan to refinance then Aldermore will require that you use a conveyancer on the Aldermore conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Aldermore conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Aldermore mortgage is registered as a charge at the Land Registry.
I have recentlybecome aware that Stirling Law have been shut down. They carried out my conveyancing in South Croydon for a purchase of a leasehold flat 12 months ago. How can I check that the property is in my name in the name of the former proprietor?
The easiest way to check if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of South Croydon conveyancing specialists.
How can the Landlord & Tenant Act 1954 affect my business offices in South Croydon and how can your lawyers assist?
The particular law that you refer to gives protection to commercial leaseholders, granting the legal entitlement to make a request to court for a continuation of occupancy at the end of the lease term. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and help with commercial conveyancing in South Croydon
Last July I purchased a leasehold property in South Croydon. Am I liable to pay service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
My wife and I have hit a brick wall in trying to reach an agreement for a lease extension in South Croydon. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We can put you in touch with a South Croydon conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a South Croydon premises is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case was in relation to 6 flats. The unexpired lease term was 78.32 years.