My wife and I are hoping to acquire a 1 bedroom apartment in Welling with a mortgage. We have a Welling conveyancer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel firms or keep our Welling conveyancing practitioner and pay for one of their panel lawyers to represent them. This feels very unfair; are we not able to require that the bank use our Welling property lawyer ?
Unfortunately,no. 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 Welling conveyancing lawyer to apply to be on the conveyancing panel.
I am thinking of mortgaging my home in Welling, does my lawyer need to be on the Yorkshire BS Solicitor panel?
In theory, you could use a solicitor that is not on the Yorkshire BS conveyancing panel, but Yorkshire BS would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I am due to move property in March. Should my conveyancing solicitor liaise with the removal company on the day of completion. On a separate note, can you put forward a removal company in Welling. Conveyancing lawyer was organised before I stumbled across this page.
On the afternoon of completion you can collect the house keys from your estate agent however this should only occur once the vendors conveyancers confirm to the agent that they have the completion monies and the keys can be passed over. You should inform the removal company that you are ready to move in. As a matter of policy we do not suggest a particular removal company but can assist you in choosing a conveyancing in Welling or a firm with expertise in conveyancing in Welling.
The mortgage over my property is with RBS for my property in Welling. Conveyancing has been completed a year ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform RBS?
You must advise RBS in advance of renting your property as this is likely to be a breach of RBS’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact RBS directly. You need not do this via a RBS conveyancing panel lawyer.
Planning on purchasing a house in Welling. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Principality conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Welling lawyer is on the Principality conveyancing panel.
I am buying a new build flat in Welling. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Welling
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply a car parking plan. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Due to the advice of my in-laws I had a survey completed on a house in Welling ahead of retaining conveyancers. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some mortgage companies will not give a mortgage on a flying freehold home.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Nationwide. If you contact us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Welling. Conveyancing may be slightly more expensive based on your lender's requirements.
My wife and I purchased a leasehold flat in Welling. Conveyancing and Nationwide Building Society mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Welling who acted for me is not around. Any advice?
First make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Welling conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Welling conveyancing firm to assist?
You certainly can. We are happy to put you in touch with a Welling conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Welling premises is 103a Footscray Road in January 2014. The tribunal determines that the premium payable for the extended lease should be £34,500 according to the expert witness valuation calculation This case related to 1 flat.