My conveyancer has uncovered a a problem with the lease for the flat we are purchasing in St Helier. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our property lawyer has advised that he must ensure that the lender is happy with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner 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 lender 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 property lawyer will have no choice but to discontinue acting for you.
My Solicitor in St Helier is not on the Santander Solicitor Panel. Is it possible for me to use my prefered solicitor even though they are not on the Santander approved list?
Your options are as follows:
- Carry on with your preferred St Helier solicitors but Santander will need to use a lawyer on their list of acceptable firms. This will inevitably rack up the overall legal charges and cause frustration.
- Find an alternative solicitor to to deal with the purchase, remembering to check they are Santander approved.
- Try to convince your Santander solicitor to attempt to join the Santander panel
If you had a top tip for choosing a conveyancing solicitor in St Helier what would it be?
It would be unwise to be tempted by the cheapest St Helier conveyancing fees. You really do get what you pay for when it comes to property lawyers. 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 go into the conveyancing with your eyes wide open.
I'm the single recipient of my late father’s will with all property in now in my sole name, including the house in St Helier. Conveyancing formalities meant that the Land Registry date was in August. I plan to dispose of the house. I understand that there is a CML six month 'rule', which means that my proprietorship will be regarded the same way as though I had purchased the house in August. Is the property unsalable for six months?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. How sensible a view lenders take of it, depend on the mortgage company as this clause chiefly exists to pick up on subsales or the flipping of property.
Is it the case that all St Helier solicitor practices on the Nationwide conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Nationwide conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do permit licenced conveyancers on their panel in which case such organisation would be governed by the CLC.
I need some fast conveyancing in St Helier as I am under a deadline to complete in less than one month. Fortunately I do not need a mortgage. Is it possible to decline from having conveyancing searches to save money and time?
If.Given you are not getting a mortgage you have the choice not to have searches conducted although no law firm would suggest that you don't. Drawing on our experience of conveyancing in St Helier the following are instances of what can be revealed and therefore affect future mortgageability: Refused Planning Applications, Outstanding Fees, Outstanding Grants, Unadopted Roads,...
I'm remortgaging my primary house to a BTL mortgage with Leeds Building Society and I will use the rest of the raised equity as a deposit on further property. The neighborhood we are looking at is St Helier. Will your solicitors be able to act for the two lenders and link together the two deals?
Do use our comparison tool on this page to be sure that the lawyers are on the appropriate lender panels. Assuming that they are your solicitor should be able to connect the two transactions but you should have a chat with you conveyancer and communicate your desired outcome and requirements.
Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in St Helier. I need to get lease extension but my freeholder is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to locate the landlord. In some cases a specialist may be useful to conduct investigations and prepare an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing St Helier.
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a St Helier conveyancing firm to represent me?
Where there is a absentee landlord or if there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to judgment on the price payable.
An example of a Freehold Enfranchisement case for a St Helier residence is Buchanan Court 39 Vernon Road in April 2010. the Tribunal assessed that the premium payable for the freehold of the block should be £44,000. This case related to 2 flats. The unexpired lease term was 66.67 years.