We are buying a 1 bedroom flat in Waolstenholme with a mortgage. We wish to retain our Waolstenholme solicitor, however the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Waolstenholme conveyancer as well as pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
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 Waolstenholme conveyancing solicitor to apply to be on the conveyancing panel.
All was ready to move into my new home in Waolstenholme next Friday. My property lawyer now wants me to supply her with proof of content and building insurance for the property as as she informs me that she is duty bound to validate that it is in order for the bank. What risks does the mortgage company expect the insurance to cover?
All property lawyers on acting for lenders would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s Part 2 instructions. These requirements are not unique to conveyancing in Waolstenholme.
I purchased my home on 13 March and the transaction details is not yet registered. Need I be worried? My conveyancing solicitor in Waolstenholme said it should be recorded inside ten days. Are titles in Waolstenholme particularly slow to register?
As far as conveyancing in Waolstenholme is concerned, registration is no quicker or slower than anywhere else in the country. As opposed to being determined by geographic area, timeframes can differ according to the party submitting the application, whether it is in order and if the Land registry need to notify any 3rd persons or bodies. As of today roughly three quarters of submission are fully dealt with within 12 days but some can be subject to protracted delays. Historically registration occurs after the new owner has moved in to the property so post completion formalities is not always an essential issue yet where there is a degree of urgency associated with the registration then you or your conveyancer can communicate with the Registry to express the reasoning for an expedited registration.
I decided to have a survey completed on a property in Waolstenholme ahead of retaining conveyancers. I have been advised that there is a flying freehold element to the property. My surveyor advised that some banks will not grant a mortgage on a flying freehold premises.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Waolstenholme. Conveyancing will be smoother if you use a solicitor in Waolstenholme especially if they are acquainted with such properties in Waolstenholme.
In what way can the Landlord & Tenant Act 1954 affect my business property in Waolstenholme and how can you help?
The particular law that you refer to provides a safeguard to business tenants, giving them the legal entitlement to apply to court for a continuation of occupancy when the lease comes to an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Waolstenholme is one of the hundreds of areas of the UK in which the firms we work with are located
Can you offer any advice when it comes to finding a Waolstenholme conveyancing firm to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Waolstenholme conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Waolstenholme conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be helpful:
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What are the legal fees for lease extension work? If the firm is not ALEP accredited then why not?
Waolstenholme Leasehold Conveyancing - A selection of Queries before Purchasing
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How many of the leaseholders are in arrears for their service charge payments? It is important to be aware whether fixing the lift or some other major work is due in the foreseeable future to be shared amongst the tenants and could well dramatically impact the level of the service fees or require a one time invoice. Who is in charge of the block?