Am I correct in assuming that the fact that my solicitor in Southend is not listed on my mortgage company's solicitor panel that there is a problem with the standard of the firm’s work?
It would be unwise to jump to that conclusion. 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 solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should simply call the Southend conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
It is is a decade since I purchased my house in Southend. Conveyancing solicitors have just been instructed on the sale but I can't track down the title deeds. Is this a major issue?
You need not be too concerned. First the deeds may be with your lender or they could stored with the lawyers who handled the purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Most conveyancing in Southend involves registered property but in the unlikely event that your home is not registered it adds to the complexity but is resolvable.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to have this when purchasing a house in Southend? or I am told that there is historic law that means some house owners living in a parish church boundary will be compelled to pay for maintenance to the chancel within the church. Is this appropriate for conveyancing in Southend?
Unless a previous purchase of the premises completed post 12 October 2013 you could take it that conveyancing practitioners conducting conveyancing in Southend to continue to suggest a chancel search and or insurance against a claim.
I am looking for a flat up to £245,000 and found one round the corner in Southend I like with amenity areas and station in the vicinity, however it's only got 51 years unexpired on the lease. There is not much else in Southend suitable, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you require a home loan the shortness of the lease will be a potential deal breaker. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for a minimum of 2 years you may ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.
Should I be concerned that 3rd parties that I am dealing with are encouraging me to use an online conveyancing firm rather than a High Street Southend conveyancing company?
As is the case with lots of service providers, often suggestions from relatives can be extremely useful or valuable. But there are many people with a vested interest in a conveyancing matter; estate agents, financial adviser and mortgage companies may put forward conveyancers to choose. On occasion the lawyers might be known to one of the organisations as being good in their field, but occasionally there might be a commercial relationship behind the endorsement. You have the discretion to select your own lawyer. Don't forget that many lenders specify a panel list of solicitors you are obliged to use for the mortgage aspect of your transaction.
Can you provide any advice for leasehold conveyancing in Southend from the point of view of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Southend can be bypassed where you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information needed by the purchasers’ representatives. If you have had conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing. The majority of landlords or managing agents in Southend levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Southend. If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Southend state that internal structural changes or installing wooden flooring require a licence from the Landlord consenting to such works. Where you fail to have the paperwork in place do not contact the landlord without checking with your conveyancer before hand. You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
We have reached the end of our tether in trying to purchase the freehold in Southend. Can the Leasehold Valuation Tribunal adjudicate on premiums?
if there is a missing freeholder or where there is dispute about the premium for a lease extension, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the sum to be paid.
An example of a Freehold Enfranchisement case for a Southend property is 75 Woolstone Road in February 2012. the decision of the Tribunal was that the appropriate amount to be paid to purchase the freehold was the sum of £17,711 . This case was in relation to 2 flats. The unexpired term was 68.28 and 158.