My wife and I are getting closer to an exchange on a property in Upminster and my parents have transferred the ten percent deposit to my lawyer. I am now informed that as the deposit has not come from me my conveyancer needs to make a notification to my mortgage company. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is not just from me. I advised the bank concerning my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
Your conveyancer is duty bound to check with mortgage company to ensure that they understand that the balance of the purchase price is not from your own funds. Your solicitor can only report this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
Finally the sale completed on my house in Upminster last February but my buyer keeps calling daily to moan that her solicitor needs to hear from mine. What are the post completion sale legalities following completion?
Post completion of your disposal your lawyer is committed to forward the transfer deeds and all additional paperwork to the buyer’s conveyancer. Where relevant, your conveyancer must also evidence that the mortgage has been discharged to the buyers solicitors. There is unlikely to be post completion steps specific conveyancing in Upminster.
I am expecting a AIP from Bank of Ireland this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Bank of Ireland recommend any Upminster solicitors on the Bank of Ireland conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Upminster solicitors independently although you'll need to choose one on the Bank of Ireland conveyancing panel. The solicitor represents both you and Bank of Ireland through the process.
I had an offer accepted on a house in Upminster on 28/10/2024, valuation was booked 3 days after, all came back fine. Property lawyer retained, so all that was missing was my mortgage offer. Having made daily calls to Co-operative and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Co-operative conveyancing panel. Can the lender hold off the offer?
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Co-operative to deal with your lawyer's application to be on the Co-operative conveyancing panel. There's no guarantee that your solicitor will be accepted.
I have instructed a Upminster conveyancing practitioner having checked that they are on the Santander conveyancing panel. Does my lawyer arrange the survey of the property?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander 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 conveyancer 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 Upminster postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Upminster.
What will a local search inform me regarding the property we're purchasing in Upminster?
Upminster conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search organisations such as Xpress Legal The local search plays an important part in many a Upminster conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your new home. The search should supply information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic areas.
Is it simple use the search facility to choose a conveyancing lawyer in Upminster on the authorised to act for my bank?
First pick a mortgage company such as Halifax, Coventry Building Society or Bank of Ireland then type in your location for example Upminster. Conveyancing practices in Upminster and nationally should be identified.
Can you provide any top tips for leasehold conveyancing in Upminster with the aim of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Upminster can be bypassed where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers’ lawyers. Many landlords or managing agents in Upminster charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Upminster. Some Upminster leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors. If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Arranging a new share certificate can be a lengthy process and slows down many a Upminster home move. Where a reissued share certificate is needed, do contact the company officers or managing agents (if applicable) for this sooner rather than later. In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Upminster leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such alterations. Should you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer in the first instance.
I inherited a second floor flat in Upminster. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount payable for the purchase of the freehold?
Most definitely. We can put you in touch with a Upminster conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Upminster property is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case affected 1 flat. The unexpired term was 57.5 years.