Is the fact that my conveyancer in St Luke's is not listed on my bank's conveyancing panel that there is a problem with the standard of his 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) lack 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. Should you be concerned you should contact the St Luke's conveyancing firm and enquire why they are no longer on the approved list for your lender.
I just bought a house at auction in St Luke's. Conveyancing is needed. What is next?
Having for all intents and purposes signed on the dotted line you now have to appoint a conveyancing practitioner quickly as you are faced with a tight a fixed date to complete the property. An auction property will ordinarily have a bespoke legal set of papers. This should include most,if not all of the paperwork that your conveyancer requires. Where you are dealing with leasehold property the auction papers may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork specific to a leasehold property. You must hand this to the conveyancer working for you ASAP. Do make sure that that you have the requisite funding organised to complete the transaction on the set completion date.
We have a mortgage agreed in principle with Coventry BS. St Luke's conveyancing lawyers have been chosen. What is the average time that one could expect to receive a mortgage offer from Coventry BS?
There is no definitive answer here. Have Coventry BS completed the valuation? Have you informed Coventry BS as to your lawyers' details and checked that your lawyers are on the Coventry BS conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
Intending to buy a apartment in St Luke's. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Santander conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the St Luke's property lawyer is on the Santander conveyancing panel.
Do commercial conveyancing searches disclose proposed roadworks that may impact a commercial estate in St Luke's?
Many commercial conveyancing solicitors in St Luke's will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in investigating accurate data on highways that impact buildings and development assets in St Luke's. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in St Luke's.
For every commercial conveyancing transaction in St Luke's it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may result in delays to St Luke's commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not ordered for residential conveyancing in St Luke's.
I have justbeen informed that Action Conveyancing have closed. They carried out my conveyancing in St Luke's for a purchase of a leasehold apartment 18 months ago. How can I establish that the property is in my name in the name of the former proprietor?
The easiest method to see if the premises is registered to you, you can make 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 St Luke's conveyancing specialists.
I am buying a new build flat in St Luke's. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in St Luke's
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants.
I am a negotiator for a reputable estate agent office in St Luke's where we see a few leasehold sales derailed as a result of short leases. I have received conflicting advice from local St Luke's conveyancing solicitors. Could you clarify whether the vendor of a flat can initiate the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a St Luke's conveyancing firm to help?
Absolutely. We are happy to put you in touch with a St Luke's conveyancing firm who can help.
An example of a Lease Extension decision for a St Luke's residence is 137 & 139 Haberdasher Street in December 2013. The Tribunal determines 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 for each Property should be £12,350.00. This case affected 2 flats. The unexpired term was 72.39 years.