Me and my partner are buying a 1 bedroom flat in Whalley Range with a mortgage. We wish to retain our Whalley Range lawyer, but the bank advise she’s not on their "panel". It seems we have no option but to appoint one of the lender panel conveyancing practices or retain our Whalley Range lawyer and pay for one of their panel firms to represent them. We feel that this is inequitable; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Whalley Range conveyancing solicitor to apply to be on the conveyancing panel.
A colleague recommended that where I am buying in Whalley Range I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is sometimes quoted for as part of the standard Whalley Range conveyancing searches. It is not a small document of about 40 pages, listing and setting out important information about Whalley Range around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Whalley Range Education with plans and statistics, Local Amenities and other useful information about Whalley Range.
I have todaybeen informed that Arc property Solicitors have been shut down. They conducted my conveyancing in Whalley Range for a purchase of a leasehold flat 10 months ago. How can I establish that my home is not still registered in the name of the previous owner?
The quickest way to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Whalley Range conveyancing specialists.
I decided to have a survey completed on a house in Whalley Range prior to retaining conveyancers. I have been advised that there is a flying freehold overhang to the house. The surveyor has said that some mortgage companies will not issue a loan on such a home.
It depends who your proposed lender is. Santander has different requirements from Halifax. If you call us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Whalley Range. Conveyancing will be smoother if you use a solicitor in Whalley Range especially if they are familiar with such properties in Whalley Range.
How does the Landlord & Tenant Act 1954 affect my commercial premises in Whalley Range and how can your lawyers assist?
The particular law that you refer to affords security of tenure to business lessees, granting the legal entitlement to make a request to court for a continuation of occupancy at the end of the lease term. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and handle your commercial conveyancing in Whalley Range
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Whalley Range. Conveyancing lawyers have not yet been appointed. Will they explain the issues?
The majority of houses in Whalley Range are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Whalley Range so you should seriously consider shopping around for a Whalley Range conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should appraise you on the various issues.