My fiance and I intend to purchase a purpose built flat in Wythenshawe with a mortgage from Britannia.We would like to retain our Wythenshawe conveyancing practitioner but Britannia says she’s not listed on their approved list of firms. We have to appoint a Britannia panel firm or retain our high street solicitor and fork out for a Britannia panel lawyer to act for them. We feel as though this is unjust; Can we not simply insist that Britannia use our lawyer?
No, not really. The home loan issued to you is subject to its terms and conditions, a common one being that conveyancers will be on the Britannia solicitor panel. in the past, most lenders had large numbers of law firms on their panels: a borrower could find 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 solicitors to apply to be on the conveyancing panel for Britannia
My uncle advised me that in purchasing a property in Wythenshawe there could be a number of restrictions prohibiting external changes to the property. Is this right?
We are aware of anumerous of properties in Wythenshawe which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Wythenshawe should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We have agreed to purchase a house in Wythenshawe. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?
Given that your lender is Leeds Building Society your lawyer must check the conveyancing requirements outlined in Part two of UK Finance Lenders’ Handbook for Leeds Building Society. The CML Handbook includes minimum conditions for solar panel roof-space leases, and property lawyers are required to report to Leeds Building Society where a lease fails to satisfy these conditions. The specifications relate to the installation of panels on properties nationwide and is not limited to Wythenshawe.
My offer on a property in Wythenshawe has been agreed to, the sellers do nevertheless have an associated purchase. The owners have placed an offer on a property, but it’s not yet tied up, and have viewings of other properties booked. I have chosen a nearby conveyancing solicitor in Wythenshawe. What should be my next step? When do I get the mortgage application with HSBC started?
It is usual to have concerns where there is a chain as you are unlikely to want to incur costs prematurely (mortgage application is in the region of £1k, then survey, Wythenshawe conveyancing search costs, etc). First, you must ensure that your conveyancer is on the HSBC approved list. Concerning the next phase this very much depends on the specifics of your case, desire for the property and on the state of the market. In a hot market some buyers will apply for a home loan with HSBC and arrange for the valuation and only if it comes back ok would they ask their conveyancer to proceed with searches.
I require expedited conveyancing in Wythenshawe as I am under a deadline to complete in less than 4 weeks. A home loan is not required. Can I decline from having conveyancing searches to save fees and time?
As you are are a cash purchaser you are at free not to have searches carried out although no lawyer would suggest that you don't. Drawing on our experience of conveyancing in Wythenshawe the following are instances of issues that can arise and adversely impact the marketability of the property: Enforcement Actions, Outstanding Charges, Overdue Grants, Railway Schemes,...
Am I best advised to go with a Wythenshawe conveyancing solicitor based in the vicinity that I am hoping to buy? An old friend can perform the legal formalities however his firm is located approximately 350kilometers away.
The primary upside of using a local Wythenshawe conveyancing practice is that you can pop in to sign documents, present your identification documents and pester them where appropriate. They will also have local knowledge which is a benefit. That being said nothing is more important than finding someone that will pull out all the stops for you. If if people you trust instructed your friend and the majority were impressed that must trump using an unknown Wythenshawe conveyancing lawyer just because they are round the corner.
I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Wythenshawe. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Wythenshawe ?
The majority of houses in Wythenshawe are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area who can assist with the conveyancing process. it is apparent that you are purchasing in Wythenshawe so you should seriously consider shopping around for a Wythenshawe conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority 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 for example requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer should report to you on the legal implications.
Wythenshawe Conveyancing for Leasehold Flats - Sample of Queries before buying
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Is there a share of the freehold? Where a Wythenshawe lease has fewer than 80 years it will have adverse implications on the salability of the flat. Check with your mortgage company that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will probably require a lease extension at some point and you need to have some idea of how much this would cost. Remember, in most cases you would be required to have been the owner of the property for a couple of years before you are eligible to carry out a lease extension. How many of the leaseholders are in arrears for their maintenance charge payments?
I happen to be an executor of my recently deceased parent's Will, with a house in Wythenshawe which will be marketed. The house has never been registered at the Land Registry and I'm told that some estate agents will insist that it is in place before they will move forward. What's the procedure for this?
In the circumstances that you have set out it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.