We are purchasing a 1 bedroom flat in Faversham with a mortgage. We like our Faversham conveyancer, but the mortgage company says she’s not on their "panel". It appears that we have little choice but to instruct one of the lender panel solicitors or retain our Faversham conveyancing practitioner and pay for one of their panel ones to represent them. This feels very unfair; 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 Faversham conveyancing solicitor to apply to be on the conveyancing panel.
I used Arc property Solicitors several years past for my conveyancing in Faversham. I now require my file however cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Faversham of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
About to purchase a new build apartment in Faversham. Conveyancing is necessary evil 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.
Set out below are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Faversham
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Please supply a car parking plan. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. Please confirm the Lease plans are architect prepared.
How does the Landlord & Tenant Act 1954 affect my commercial premises in Faversham and how can you help?
The particular law that you refer to affords a safeguard to commercial leaseholders, giving them the dueness to make a request to court for a new lease and remain in occupation at the end of the lease term. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and assist with commercial conveyancing in Faversham
What are your top tips when it comes to finding a Faversham conveyancing firm to carry out our lease extension conveyancing?
When appointing a property lawyer for lease extension works (regardless if they are a Faversham conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Faversham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:
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How experienced is the practice with lease extension legislation? What are the legal fees for lease extension work?
Faversham Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
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Is anyone aware of any major works anticipated that will add a premium to the service costs? What is the service charge and ground rent on the apartment? Make sure you investigate if there are any onerous restrictions in the lease. By way of example it is reasonably common in Faversham leases that pets are not permitted in in a block in Faversham. If you like the flatin Faversham however your dog is not allowed to make the move with you then you will be presented with a difficult determination.
My fiance and I are purchasing a 2 room apartmentin Faversham with a loan from a lender. We wish to instruct our solicitor in Faversham but our bank inform us now that she’s not on their "panel". It seems we have little choice but to instruct from the our bank panel solicitors or keep our Faversham conveyancer and incur the extra fees for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. The mortgage company home loan offered to you is subject to conditions, one of which will be that lawyers will on the bank's conveyancing panel. in the past, most lenders had open panels, including most conveyancing solicitors in Faversham : a mortgagee 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. A further alternative is for your solicitors to apply to be on the conveyancing panel for your bank.