We are buying a 1 bedroom apartment in Vauxhall with a mortgage. We like our Vauxhall lawyer, but the mortgage company advise she’s not on their "panel". It appears that we have no option but to use one of the mortgage company panel firms or retain our Vauxhall lawyer as well as pay for one of their panel lawyers to represent them. We consider that this is unjust; can we not require that the bank use our Vauxhall lawyer ?
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. A further alternative is for your Vauxhall conveyancing lawyer to apply to be on the conveyancing panel.
What is the difference between a licensed conveyancer and conveyancing solicitor in Vauxhall
There are two types of lawyers who can perform conveyancing in Vauxhall namely CLC regulated conveyancers or solicitors. The two can administer conveyancing services that required to complete the disposal or purchase of property. They are both required to execute Vauxhall conveyancing on similar quality and guidelines so you may be safe in the knowledge that your conveyancing will be professionally conducted and that the requirements and procedures should be correctly taken.
Forgive me if this question is silly but I am wet behind the ears as a 1st time purchaser of a ground floor flat in Vauxhall. Do I receive the keys to the house on completion from my conveyancer? If so, I will instruct a local conveyancing solicitor in Vauxhall?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the purchase money to the seller's solicitors, and once they have received this, you will be called to pick up the keys from the Estate Agents and start moving into the property. Usually this occurs early afternoon.
We were going to get a OIP from UBS this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do UBS recommend any Vauxhall solicitors on the UBS conveyancing panel, or is it better to go independently?
You will need to appoint Vauxhall solicitors independently although you'll need to choose one on the UBS conveyancing panel. The solicitor represents both you and UBS through the process.
My wife and I are selling our home in Vauxhall and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any high street Vauxhall conveyancer would know this is not the case. It does beg the question why the purchasers are using a web based conveyancing outfit rather than a conveyancing solicitor in Vauxhall. Having lived in Vauxhall for six years we know of no issue. Is it a good idea to get in touch with our local Authority to get confirmation need.
It would appear that you have a conveyancing solicitor already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
I am purchasing my first flat in Vauxhall with a loan from Britannia. The developers refused to budge the price so I negotiated 6k of fixtures and fittings instead. The sale representative told me not reveal to my conveyancer about the extras as it would jeopardize my loan with Britannia. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I opted to have a survey completed on a house in Vauxhall in advance of appointing lawyers. I have been advised that there is a flying freehold overhang to the property. My surveyor has said that some banks will not give a loan on a flying freehold home.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Vauxhall. Conveyancing will be smoother if you use a solicitor in Vauxhall especially if they are acquainted with such properties in Vauxhall.
Frank (my husband) and I may need to let out our Vauxhall basement flat temporarily due to a career opportunity. We used a Vauxhall conveyancing firm in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your previous Vauxhall conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
I am the proprietor of a two-bedroom flat in Vauxhall. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the premium due for the purchase of the freehold?
Where there is a absentee landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to make a decision on the premium.
An example of a Lease Extension case for a Vauxhall residence is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case related to 2 flats. The unexpired lease term was 56 years.