Much to our surprise we have been notified by our financial adviser that my West Malling the law firm I have appointed is not on the lender Conveyancing panel. How can I be certain that this is indeed the case?
The first thing you need to do is to call your West Malling conveyancer. You lawyer should notify you what has happened. If they are not on the panel they may recommend you to a West Malling conveyancing firm that is on the approved list of lawyers for your lender.
My fiance and I intend to remortgage our penthouse in West Malling with HSBC. We have a son approaching twenty who lives with us. Our solicitor requested us to identify 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 repossessed. I have a couple of questions (1) Is this form unique to the HSBC conveyancing panel as he never had to sign this form when we remortgaged 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your HSBC 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.
We note that you have a post code search directory listing firms on the Coventry BS conveyancing panel. Do firms pay you a referral fee if I appoint them for our own conveyancing in West Malling?
We are a listing service only for law firms wishing to communicate if they are on the Coventry BS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in West Malling.
The estate agent has sent us the confirmation of our purchase of a new build flat in West Malling. Conveyancing is daunting 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 conveyancing.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in West Malling
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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? 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. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
I am employed by a long established estate agency in West Malling where we see a few flat sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local West Malling conveyancing solicitors. Could you confirm whether the seller of a flat can initiate the lease extension formalities for the buyer?
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 buyer 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 needs to be completed prior to, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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.
Leasehold Conveyancing in West Malling - Sample of Queries Prior to Purchasing
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Is anyone aware of any major works in the planning that will likely increase the maintenance fees? The answer will be useful as a) areas could cause problems in the block as the communal areas may start to deteriorate where maintenance are not paid for b) if the tenants have a dispute with the running of the building you will want to have all the details Who takes responsibility for maintaining and repairing the block?
I'm remortgaging a property in West Malling. I can find my conveyancer's company on the Law Society's list, but I can't see my conveyancer's name as listed on the regulator's website. Should I be concerned?
Not every individual in the practice must be listed by the regulator. As long there is someone qualified to 'oversee' the work, the actual day-to-day activity can be undertaken by unlicensed staff.