Me and my partner are about to complete on the purchase of a property in Warwickshire but as a result of damage from some water damage at the property I have was able negotiate compensation from the seller in the sum of £3k by way of a reduction in the price. This was going to be addressed as part of the conveyancing process yet Skipton are not allowing this. Should they have been approached?
The conveyancing practitioner being on a Skipton conveyancing panel is required to inform Skipton of any variations to the purchase price. If you prohibit your conveyancer to report the price change to Skipton then they would have to discontinue acting for you. In addition, Skipton and you would have to appoint a new lawyer for your conveyancing in Warwickshire.
It is 10 years ago since I bought my house in Warwickshire. Conveyancing solicitors have just been appointed on the sale but I can't find my title deeds. Is this a major issue?
Don’t worry too much. First there is a chance that the deeds will be kept by your lender or they may stored with the conveyancers who oversaw your purchase. Secondly the chances are that the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors procuring up to date copy of the land registers. Nearly all conveyancing in Warwickshire relates to registered property but in the unlikely event that your property is unregistered it is more of a problem but is not insurmountable.
We are buying a detached bungalow in Warwickshire. Our aim is to an extension at the rear at the house.Will the conveyancing process involve enquiries to ascertain if these alterations were previously refused?
Your conveyancer will check the registered title as conveyancing in Warwickshire will on occasion identify restrictions in the title documents which prevent categories of changes or need the consent of another owner. Some extensions require local authority planning consent and approval in compliance with building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these things with a surveyor before you commit yourself to a purchase.
I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Warwickshire building society branch on a couple of occasions and was told it wasn't an issue and they would lend. My Warwickshire conveyancing solicitor - who is on the bank conveyancing panel- called to say that they will not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Provided that the property lawyer is on the mortgage company approved list, they must comply with the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have instructed a Warwickshire conveyancing practitioner having made sure that they are on the Principality conveyancing panel. Does my lawyer arrange the survey of the property?
Principality will need an independent valuation of the property. Your lawyer will not arrange this. Usually Principality 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 Warwickshire postcode. As you are getting a mortgage with Principality, you could contact them to see if they have a list of approved surveyors in Warwickshire.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to take this when purchasing a house in Warwickshire? or I am told that there is a law dating back centuries that could mean that owners of property living in a parish church boundary will be compelled to contribute towards maintenance towards the chancel in proximity to the church. Is this suitable for conveyancing in Warwickshire?
Unless a prior acquisition of the premises completed after 12 October 2013 you can expect solicitors delivering conveyancing in Warwickshire to continue to propose a a chancel search and or insurance against a claim.
Do you have any advice for leasehold conveyancing in Warwickshire from the point of view of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Warwickshire can be bypassed if you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers’ solicitors. If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share certificate. Arranging a new share certificate can be a lengthy process and delays many a Warwickshire home move. Where a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible. A minority of Warwickshire leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are 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 lawyers. If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over rather than ongoing. If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Warwickshire leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such alterations. Should you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor in the first instance.
Warwickshire Conveyancing for Leasehold Flats - Examples of Questions you should consider before buying
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What is the name of the managing agents? What is the yearly service fee and ground rent? This question is useful as a) areas can result in problems in the block as the communal areas may begin to deteriorate where maintenance are not paid for b) if the leaseholders have a dispute with the managing agents you will want to have all the details
Why can I not complete our conveyancing in Warwickshire on Good Friday?
Because on completion the funds will pass between the banks of the purchaser and seller's conveyancer and currently this can only occur on a business day. So you can't complete on a saturday or sunday either.