Me and my wife are buying a maisonette in Tulse Hill. My lawyer is not listed on the mortgage company conveyancing list. Is it possible for me to continue with my Tulse Hill conveyancing solicitor even though they are excluded from the mortgage company list of approved lawyers?
One must have a conveyancer to deal with the formalities when you require a loan to buy your property. They will conduct all the appropriate legal checks on the property, make sure that you’re registered as proprietor and ensure that all the required mortgage documentation is dealt with. You could select a Tulse Hill lawyer of your choice. However, if the solicitor appointed is not a member of the mortgage company approved list additional costs will be incurred as separate legal representation will be need by the mortgage company. Lender panel applications may be submitted, so provided your lawyer has not in the past applied for membership they should do so.
Can you point me to a directory of Barclays panel solicitors in Tulse Hill on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such tool on the CML or Building Society Association sites. Very few lending institutions make their panel listings viewable online. Where you are looking for a Tulse Hill lawyer on the Barclays please use our facility.
I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Tulse Hill bank branch on a couple of occasions and was told it does not affect the mortgage offer and they would lend. My Tulse Hill conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Provided that the property lawyer is on the mortgage company approved list, she or he must comply with the CML Handbook provisions for the 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Tulse Hill solicitor - who is on the Clydesdale conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Tulse Hill postcode. As you are getting a mortgage with Clydesdale, you could contact them to see if they have a list of approved surveyors in Tulse Hill.
Have completed on a a detached house in Tulse Hill , What is the estimated time for the Land Registry to register the transfer to my name? My Tulse Hill conveyancing solicitor has been painfully slow, so I want to be sure that my ownership is recorded.
There is nothing unique about conveyancing in Tulse Hill registration formalities. Rather than based on location, timeframes can differ subject to the party submitting the application, whether there are errors and whether the Land registry communicate with any third parties. Currently roughly 80% of such applications are fully addressed in less than three weeks but some can be subject to protracted delays. Registration occurs after the purchaser has moved in to the property thus an expedited registration is not always primary concern but where there is a degree of urgency associated with the registration then you or your lawyers must contact the land registry and explain the circumstances.
I decided to have a survey completed on a property in Tulse Hill in advance of appointing conveyancers. I have been told that there is a flying freehold element to the property. Our surveyor has said that some mortgage companies may not give a mortgage on such a home.
It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Tulse Hill. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Tulse Hill to see if the conveyancing will be more expensive.
I have recently realised that I have Seventy years unexpired on my lease in Tulse Hill. I now wish to get lease extension but my freeholder is absent. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations a specialist should be useful to try and locate and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court covering Tulse Hill.
I have given up trying to purchase the freehold in Tulse Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We are happy to put you in touch with a Tulse Hill conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Tulse Hill property is 8 Deerbrook Road in May 2010. the Tribunal held that the enfranchisement price, in accordance with section 32 and Schedule 6 of the Leasehold Reform, Housing and Urban Development Act 1993 was £22,820, payable by the Applicants. By an order of the Lambeth County Court dated 17 June 2009 the case had been transferred to the Leasehold Valuation Tribunal for its determination of the premium payable This case affected 3 flats.
What can I do where I am unhappy with the conveyancing practitioner who did our conveyancing in Tulse Hill?
We live in an imperfect world, and unfortunately sometimes things do go wrong. Nevertheless there is recourse if you were unhappy with your conveyancing in Tulse Hill. This varies from trying to resolve matters directly with them, through to reporting a conveyancing practitioner to their regulator. If things still aren’t resolved you may consider getting in touch with the Legal Ombudsman.