My husband and I are planning to acquire a property in Whitstable and are in fact using a Whitstable conveyancing firm. Within the past 48 hours our property lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Yorkshire Building Society have this afternoon contacted us to advise us that there is now an issue as our Whitstable conveyancer is not on their conveyancing panel. What do we do from here?
When purchasing a property with mortgage finance it is standard for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Whitstable lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
I am purchasing a house for cash in Whitstable. I have lived for the last dozen years in Whitstable. Conveyancing searches are expensive. Given that I have knowledge of the road and vicinity very well should I not bother getting the solicitor to do all the conveyancing searches?
In the absence of a home loan, then all but one or two of the Whitstable conveyancing searches are non-obligatory. Your conveyancer will ’encourage you, perhaps strongly, that you should have searches carried out, but he is duty bound to do this. Do bear in mind; if you are going to dispose of the house at a future date, it will be of importance to your future buyer what the searches reveal. There are plenty of instances where premises with apparent issues can still reveal detrimental search results. A competent conveyancing solicitor in Whitstable will be able to give you some constructive guidance in this regard.
I own a freehold residence in Whitstable but nevertheless pay rent, why is this and what is this?
It is rare for properties in Whitstable and has limited impact for conveyancing in Whitstable but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
I am buying a new build flat in Whitstable. 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 selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Whitstable
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There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
I opted to have a survey done on a property in Whitstable prior to appointing solicitors. I have been advised that there is a flying freehold element to the house. The surveyor advised that some lenders will refuse to issue a loan on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Nationwide. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Whitstable. Conveyancing will be smoother if you use a solicitor in Whitstable especially if they are acquainted with such properties in Whitstable.
In what way does the Landlord & Tenant Act 1954 impact my commercial premises in Whitstable and how can you help?
The particular law that you refer to gives security of tenure to business leaseholders, giving them the dueness to apply to court for a renewal lease and remain in occupation when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and help with commercial conveyancing in Whitstable