We are buying a 3 bedroom apartment in Tunbridge Wells with a mortgage. We have a Tunbridge Wells conveyancer, but the lender says she’s not on their "panel". It appears that we have no choice but to instruct one of the mortgage company panel conveyancing practices or retain our Tunbridge Wells conveyancing practitioner and pay for one of their panel firms to act for them. We feel that this is inequitable; can we not insist that the bank use our Tunbridge Wells lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Tunbridge Wells conveyancing solicitor to apply to be on the conveyancing panel.
My grandmother passed away six months ago and as sole heir and executor I was left the property in Tunbridge Wells. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Virgin Money, pay off the mortgage. Is this possible?
Given you plan to refinance then Virgin Money will insist on your using a conveyancer on the Virgin Money conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Virgin Money conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Virgin Money mortgage is registered as a charge at the Land Registry.
I am helping my niece sell her flat in Tunbridge Wells. Does the conveyancer order the energy performance certificate or should I organise this?
After the demise of Home Information Packs, energy performance certificates was maintained a required part of selling a property. An EPC needs to be to hand in advance of the property being advertised. It is not as aspect of the sale process that lawyers ordinarily arrange. If you are using a Tunbridge Wells conveyancing solicitor they might help arrange energy performance certificates given their contacts with long established Tunbridge Wells assessors
I'm the sole recipient of my late father’s will and I have everything in my name alone, including the house in Tunbridge Wells. The Tunbridge Wells property was put into my name in June. I want to move. I understand that there is a CML 6 month 'rule', meaning my proprietorship will be regarded the same way as if I'd bought the house in June. Do I have to wait half a year to sell?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be impacted by that. many lenders would take a sensible view as this provision is primarily there to pick up on subsales or the wholesaling and assigning of property.
My wife and I are in the throws of viewing flats in Tunbridge Wells and I am about to put in an offer. Should I already have a conveyancer appointed at this stage? I will be getting a home loan with Nationwide.
It would be prudent to instigate your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. As you are getting a mortgage with Nationwide, make sure you remember to check that your lawyer is on the Nationwide conveyancing panel.
The estate agent has sent us the confirmation of our purchase of a new build flat in Tunbridge Wells. 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 legal work.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Tunbridge Wells
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Please confirm the Lease plans are surveyor prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
As co-executor for the will of my grandfather I am disposing of a house in Newport but live in Tunbridge Wells. My conveyancer (who is 200 kilometers awayrequires that I sign a statutory declaration before the transaction finalising. Could you suggest a conveyancing practitioner in Tunbridge Wells who can attest and place their company stamp on the document?
strictly speaking you should not need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are based in Tunbridge Wells
I’m about to sell my basement apartment in Tunbridge Wells. Conveyancing solicitors are to be appointed soon, however I have just had a yearly service charge invoice – what should I do?
The sensible thing to do is pay the invoice as you normally would because all rents and maintenance invoices should be apportioned on completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I bought a leasehold flat in Tunbridge Wells, conveyancing having been completed in 2007. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Tunbridge Wells with a long lease are worth £260,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease expires on 21st October 2099
With only 74 years unexpired the likely cost is going to range between £8,600 and £9,800 as well as legals.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.