I have given 8 weeks notice to my existing landlord and must vacate my let out flat in Welton by the end of next month. Conveyancing for my house purchase is progressing. Can I complete in three weeks as I wish to avoid having to find temporary accommodation?
It is unwise to give notice for your letting until you have exchanged. If you have not previously done so, contact to your conveyancer and urge them to they seek the assistance the owners solicitors, try to get a realistic time scale from them that all parties will look to achieve
Is it the case that all Welton solicitors on the Nationwide conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Nationwide approved list of solicitors they would need to be overseen by the SRA. Many banks do permit licenced conveyancers on their panel in which case such firms would be overseen by the CLC.
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Welton solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS 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 Welton postcode. As you are getting a mortgage with Coventry BS, you could contact them to see if they have a list of approved surveyors in Welton.
My offer on a house in Welton has been accepted, the owners do however have an associated purchase. The owners have placed an offer on somewhere, but it’s not been accepted yet, and are looking at other properties booked. I have chosen a nearby conveyancing solicitor in Welton. What should be my next step? When do I get the mortgage application with Clydesdale going?
It is understandable to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket too early (home loan application is in the region of £1k, then valuation, Welton conveyancing search charges, etc). The first thing to do is check that your property lawyer is on the Clydesdale approved list. Regarding the next phase this very much depends on the uniqueness of your transaction, attraction to the property and on the state of the market. During a hot market the majority of purchasers will apply for the mortgage with Clydesdale and arrange for the valuation and only if it was satisfactory would they ask their conveyancer to move forward with the conveyancing in Welton.
I used Stirling Law several years ago for my conveyancing in Welton. Now, I need my files however the law firm has closed. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Welton of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what should have been a straight forward, chain free conveyancing. Welton is the location of the property. Is there any advice you can give?
Flying freeholds in Welton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Welton you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Welton may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am employed by a reputable estate agent office in Welton where we have witnessed a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received contradictory information from local Welton conveyancing firms. Can you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Welton Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
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Is there a share of the freehold? Where a Welton lease has no more than eighty years it will have adverse implications on the value of the apartment. Check with your bank that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will probably need a lease extension at some point and it is worth discovering how much this will be. Remember, in most cases you will need to own the premises for 24 months in order to be eligible to extend the lease. How many of the leaseholders are in arrears for their service charge payments?
Living abroad I am unable to attend my Welton conveyancing solicitors office to sign documents for conveyancing in Welton – will this be an issue?
No. Welton conveyancing lawyers can deal with conveyancing transactions for clients throughout the rest of the country. It is not necessary for you to be able to be present a Welton conveyancers office. Almost all property lawyer can handle everything remotely from their Welton office.