We are expecting a mortgage offer soon. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to instruct their panel solicitor as I would much rather use a Windsor based conveyancing firm?
Do check but the chances are that allocate you one of their panel solicitors if you accept the "fee-free" offer. Contact the mortgage company and see if they make available a monetary alternative. It is not unheard for a lender to give a £250 cashback as an alternative in which case you could put that amount towards the cost for your conveyancing solicitor in Windsor.
When it comes to lenders such as HSBC, do Windsor solicitors have to pay a fee to be on the list of approved solicitors?
We are unaware of any mortgage company fees to register on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel submission.
I have decided to exercise my right to buy my property in Windsor off the council. I have a mortgage agreed with Lloyds. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Lloyds, you will need to appoint a solicitor on the Lloyds conveyancing panel.
I have instructed a Windsor conveyancer having made sure that they are on the Nationwide conveyancing panel. Does my lawyer arrange the survey of the property?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Windsor postcode. As you are getting a mortgage with Nationwide, you could contact them to see if they have a list of approved surveyors in Windsor.
I have been told that property searches are the primary reason for obstruction in Windsor conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays during the legal transfer of property. Searches are not likely to be the root cause of holding up conveyancing in Windsor.
Over the last few months I have been searching for a flat up to £305k and found one round the corner in Windsor I like with open areas and station in the vicinity, the downside is that it only has 61 years unexpired on the lease. I can't really find anything else in Windsor suitable, so just wondered if I would be making a grave error purchasing a short lease?
Should you need a home loan that many years will likely be problematic. Discount the price by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for at least 2 years you could request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease with a zero ground rent applied. You should consult your conveyancing solicitor regarding this.
Due to complete next month on a studio apartment in Windsor. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Windsor should include some of the following:
-
Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? Are pets allowed in the flat? An explanation concerning the obligations in the lease to pay service charges - in respect of the block, and the wider rights a leaseholder enjoys Defining your legal entitlements in relation to the communal areas in the block.For instance, does the lease contain a right of way over an accessway or staircase? What remedies are open the freeholder should you breach a clause of your lease?
Windsor Leasehold Conveyancing - Sample of Questions you should consider Prior to buying
-
The majority of Windsor leasehold properties will be liable to pay a service bill for the upkeep of the block invoiced on behalf of the management company. If you acquire the property you will have to meet this liability, usually quarterly during the year. This can vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all likelihood there will be a ground rent for you to pay annual, this is usually not a significant sum, say around £50-£100 but you need to check it because sometimes it could be surprisingly expensive. Are there any major works in the near future that will add a premium to the service costs?
Should one remove a departed person's name from the title deeds for a house in Windsor?
Where a Windsor property is jointly owned and one of the proprietors dies, the name will not immediately be removed from the Land Registry title. It is not necessary to remove their name as in the event of a disposal you would just need to evidence as to the reason the joint owner is not a party to the transfer, normally this is in the form of a grant of probate.
With a view to making things more straight forward in the future you can apply to have the deceased person erased from the title entries by submitting an application to HM Land Registry with evidence of the death. There is no fee from the Registry for this service.