Me and my fiance are purchasing a 3 bedroom apartment in Upper Clapton with a mortgage. We like our Upper Clapton conveyancer, but the mortgage company advise she’s not on their "panel". It appears that we have no choice but to instruct one of the mortgage company panel solicitors or continue with our Upper Clapton lawyer as well as pay for one of their panel lawyers to act for them. This seems very unfair; can we not demand that the lender use our Upper Clapton conveyancing practitioner ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Upper Clapton conveyancing lawyer to apply to be on the conveyancing panel.
My lawyer has uncovered a a problem with the lease for the apartment we are purchasing in Upper Clapton. The other side have offered title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must ensure that the mortgage company is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
I have been pointed in your direction by a number of selling agents in Upper Clapton to get a quote from a conveyancer on your site. What’s the financial incentive for Estate Agents to recommend your services rather than alternative conveyancing organisations?
We don’t offer any financial incentive for pointing buyers and sellers our way. We found it would be just too difficult to pay a commission as home movers will think, ‘Why is the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
I have been sourcing a conveyancing practitioner in Upper Clapton for my home move. Is it possible to review a firm’s complaints history with the legal regulator?
One may see presented Solicitor Regulator Association (SRA) decisions stemming from investigations from 2008 onwards. Go to Check a solicitor's record. To find information Pre 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, use +44 (0)121 329 6800. The regulator could monitor telephone calls for training purposes.
I would like to rent out my leasehold apartment in Upper Clapton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Even though your previous Upper Clapton conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must obtain consent from your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.
Following months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Upper Clapton. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to assess the price payable.
An example of a Lease Extension case for a Upper Clapton flat is Flat 25, Stamford Hill Mansions Stamford Hill in April 2010. The Tribunal therefore determined that the premium to be paid by the lessee to the freeholder for the extension of the lease should be £28,984.00 This case was in relation to 1 flat. The number of years remaining on the existing lease(s) was 59 years.
I am buying a ground floor maisonette in Upper Clapton. Conveyancing lawyer is awaiting, from the owner, building insurance schedule. I was told today I was informed that the owner needs to forward the insurance paperwork for the flat above also. Why would my lawyer want to review the insurance for the other flat? Is it really necessary? We have been waiting for the last month…
It is not impossible in leasehold conveyancing in Upper Clapton to find Conveyancing in Upper Clapton in a minority of cases reveals that the lease obliges the leasehold owners to insure their individual flats as opposed to the freeholder insuring the entire premises - which is definitely better. You should clarify with your lawyer but it would appear that your conveyancer is seeking to verify that the entire building is insured. Insuring your flat is no help when it comes to rebuilding after a fire if the 1st floor cannot be rebuilt as a result of lack of insurance cover.