It is a dozen years since I purchased my house in Wennington. Conveyancing lawyers have now been retained on the sale but I can't locate my title documents. Is this a problem?
You need not be too concerned. First the deeds may be retained by your mortgage company or they may stored with the conveyancers who oversaw the purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Nearly all conveyancing in Wennington involves registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
My wife and I have organised a further advance on our home loan from Coventry BS as we want to conduct alterations to our property in Wennington. Do we need to select a bricks and mortar Wennington solicitor on the Coventry BS conveyancing panel to deal with the paperwork?
Coventry BS would not normally appoint firms on their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Coventry BS list.
The mortgage over my property is with TSB for my property in Wennington. Conveyancing was finalised a year ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform TSB?
Your original mortgage agreement with TSB will provide that you need their approval in advance of renting your property as this is likely to be a breach of TSB’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 TSB directly. It should not be necessary to do this via a TSB conveyancing panel solicitor.
I am due to exchange contracts on my house. I had a double glazing fitted in June 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Leeds Building Society are being pedantic. The Wennington solicitor who is on the Leeds Building Society conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Leeds Building Society are requiring a building regulation certificate. Why do Leeds Building Society have a conveyancing panel if they don't accept advice from them?
It is probably the case that Leeds Building Society have referred the matter to their valuer. The reason why Leeds Building Society may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Just had an offer accepted on a new build flat in Wennington. Conveyancing is daunting 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.
Here is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Wennington
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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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? There must be mutual enforceability of lessee’s covenants. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Forfeiture - bankruptcy or liquidation must not apply under this provision.
In sourcing the web for the phrase conveyancing in Wennington it reveals many solicitorsin the vicinity. How do I determine which is the right property lawyer for purchase transaction?
The best method of seeking the right conveyancer is through a personal recommendation, so enquire of friends and those you trust who have acquired a property in Wennington or the local estate agent or mortgage broker. Costs for conveyancing in Wennington vary, so it's a good idea to obtain at least three estimates from different law firms. Make sure that you clarify that the charges are assured not to escalate.
Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in Wennington. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to make a decision on the price payable.
An example of a Lease Extension matter before the tribunal for a Wennington flat is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case related to 13 flats. The number of years remaining on the existing lease(s) was 76 years.
What are the frequently found defects that you encounter in leases for Wennington properties?
There is nothing unique about leasehold conveyancing in Wennington. Most leases are individual and drafting errors can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:
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A provision to repair to or maintain elements of the premises
You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Chelsea Building Society, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.
We have been informed by numerous estate agents that it should take up to two months for Wennington conveyancing to complete.This was 3 ago. The draft contract was only sent from the vendors property lawyer a couple of days ago so does the clock start running now?
Don't rely on counting down a two month period. Answering accurately how how many weeks Wennington conveyancing will take is an impossible task. Every Wennington conveyancing transaction will have it’s own unique set of concerns. Accordingly your conveyancing practitioner should be unwilling to give representations as to how long it will take to complete your conveyancing in Wennington.