My partner and I are intent on purchasing property in West London. My lawyer has never been on on the bank conveyancing list. Am I still permitted to appoint my West London conveyancing solicitor notwithstanding that they are excluded from the bank list of approved lawyers?
You have numerous alternatives open to you here
- Proceed with your chosen West London lawyer but your bank will no doubt retain a solicitor on their approved list. This will result in additional charges together with likely interruption.
- Get a fresh property lawyer to conduct the conveyancing, ensuring that they are on the mortgage company conveyancing panel.
- Appeal to your solicitor to attempt to join the lender panel
My wife and I are refinancing our maisonette in West London with Leeds Building Society. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have two questions (1) Is this form unique to the Leeds Building Society conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) Does our son by signing this giving up his entitlement to inherit the property?
First, rest assured that your Leeds Building Society conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Leeds Building Society. This is solely used to protect Leeds Building Society if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Leeds Building Society had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
When scouring online forums for a recommended lawyer in West London, most say that I must look for a CQS kitemarked solicitor. What is CQS?
West London Conveyancing Quality Scheme solicitors have obtained accreditation by the law Society CQS was brought about to promote high standards in the home buying process. CQS helps buyers and sellers to recognise practices that provide a quality residential conveyancing. West London is one of the many areas in England and Wales in which CQS have offices. The conveyancing scheme obliges practices to undergo a strict assessment, compulsory training, self-reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Legal Ombudsman.
Just had an offer accepted on a new build flat in West London. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in West London
-
Please confirm the Lease plans are architect prepared. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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 control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
I am looking for a ground for flat up to £235,500 and found one close by in West London I like with open areas and railway links nearby, the downside is that it's only got 52 years on the lease. I can't really find anything else in West London suitable, so just wondered if I would be making a grave error buying a lease with such few years left?
Should you require a mortgage the remaining unexpired lease term will likely be an issue. Reduce the offer by the amount the lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for at least 2 years you can request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease term with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.
I was advised by a number of estate agents in West London to choose a property lawyer on your site. Is there a financial incentive for Estate Agents to promote your services rather than a competitor’s?
We refuse to make any referral fee for pointing buyers and sellers to this site. We found it would be just too difficult to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.