My Solicitor in St John's Wood has never been on on the Alliance & Leicester Solicitor Panel. Can I still use my prefered solicitor even though they are excluded from the Alliance & Leicester list of approved lawyers?
Your options are as follows:
- Complete the purchase with your existing St John's Wood lawyers but Alliance & Leicester will need to use a solicitor on their list of acceptable firms. This will inevitably rack up the total legal fees as well as result in delays.
- Find an alternative practitioner to to deal with the conveyancing, remembering to check they are on the Alliance & Leicester panel
When it comes to lenders such as Clydesdale, do St John's Wood property lawyers have to pay a fee to be on the list of approved solicitors?
We are unaware of any mortgage company fees to be on their panel, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
I can not work out if my bank requires a lease extension. I have called into my local St John's Wood bank branch on various occasions and was informed it wasn't an issue and they would lend. My St John's Wood conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Your conveyancing practitioner must follow the Council of Mortgage Lenders’ Handbook section two conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I am due to exchange contracts on my apartment. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Skipton are being a right pain. The St John's Wood solicitor who is on the Skipton conveyancing panel is saying indemnity insurance will be fine but Skipton are requiring a building regulation certificate. Why do Skipton have a conveyancing panel if they don't accept advice from them?
It is probably the case that Skipton have referred the matter to their valuer. The reason why Skipton may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
How does conveyancing in St John's Wood differ for new build properties?
Most buyers of new build residence in St John's Wood approach us having been asked by the developer to exchange contracts and commit to the purchase even before the property is constructed. This is because new home sellers in St John's Wood tend to acquire the real estate, 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 property lawyers 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 St John's Wood or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a house in St John's Wood in advance of instructing conveyancers. I have been told that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies tend refuse to give a mortgage on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different requirements from Nationwide. Should you wish to telephone us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in St John's Wood. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in St John's Wood to see if the conveyancing costs will increase in light of this.
I have been sourcing a conveyancing lawyer in St John's Wood for my purchase. Can I see a solicitor's complaints history with the profession’s regulator?
Members of the public may search for documented Solicitor Regulator Association (SRA) decisions arising from inquisitions commenced on or after Jan 2008. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The SRA sometimes monitor telephone calls for training requirements.
I have tried to negotiate informally with with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a St John's Wood conveyancing firm to represent me?
Where there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to calculate the sum to be paid.
An example of a Lease Extension matter before the tribunal for a St John's Wood premises is Garden Flat 195 Goldhurst Terrace in May 2012. The Tribunal held in accordance with section 48 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 that the premium for the extended lease should be £60,855.00. This case related to 1 flat. The unexpired term was 60.16 years.
What makes a St John's Wood lease defective?
There is nothing unique about leasehold conveyancing in St John's Wood. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:
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Maintenance charge proportions which don’t add up to the correct percentage
You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Norwich and Peterborough Building Society, and Barclays Direct all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.