I am expecting a offer of a home loan from Lloyds. I would like to employ the services of a Licensed Conveyancer in Westminster. Does the Lloyds Conveyancing panel exclude Licensed Conveyancers?
The Lloyds approved solicitor list is, like many other lenders, associated to the CML or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
This question may be naive but I am unexperienced as FTB of a two bedroom flat in Westminster. Do I receive the keys to the house on completion from my solicitor? If so, I will appoint a High Street conveyancing solicitor in Westminster?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the completion advance to the owner’s lawyers, and once they have received this, you will be able to pick up the keys from the property Agents and start moving into the property. Usually this occurs early afternoon.
We had selected conveyancing lawyers with offices in Westminster on the TSB solicitor approved list. They are now charging me a separate amount for the legal aspects of the TSB mortgage. Is this an additional conveyancing fee set by TSB?
Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer may levy a fee for this. The fee is not set by TSB but by your Westminster conveyancer. Some firms on the TSB panel will levy ’dealing with mortgage’ fee but plenty of practices incorporate it on their overall fee.
Last month we had a mortgage agreed in principle with Aldermore. Westminster conveyancing practitioners are selected. How long does it take for Aldermore to send the offer to the lawyer?
Some lenders take longer than others. Have Aldermore done the valuation? Have you informed Aldermore as to your lawyers' details and checked that your lawyers are on the Aldermore conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
Will my conveyancer be raising enquiries about flooding as part of the conveyancing in Westminster.
Flooding is a growing risk for lawyers dealing with homes in Westminster. There are those who acquire a property in Westminster, completely aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to offer advice on flood risk, however there are a numerous checks that can be initiated by the buyer or by their solicitors which can give them a better understanding of the risks in Westminster. The standard information sent to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the owner to determine if the property has ever been flooded. In the event that the premises has been flooded in past which is not revealed by the owner, then a buyer may issue a claim for damages resulting from an misleading reply. The buyer’s solicitors will also carry out an environmental search. This should disclose whether there is any known flood risk. If so, additional investigations will need to be conducted.
Just had an offer accepted on a new build flat in Westminster. 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 few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Westminster
-
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. 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.
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a quick, chain free conveyancing. Westminster is where the house is located. Can you shed any light on this issue?
Flying freeholds in Westminster are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Westminster you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Westminster 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 residence.
How much experience do your Westminster conveyancing solicitors have with Help To Buy, Shared Equity and similar schemes?
Westminster conveyancing lawyers help thousands of buyers move home every year and supported lots of clients through the Help To Buy scheme. The chances are that whatever makes your case unique Westminster conveyancers have worked on recent similar cases.