Am I correct in assuming that the fact that my solicitor in Adwick le Street is not listed on my mortgage company's conveyancing panel that there is a problem with the standard of the firm’s conveyancing?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should simply call the Adwick le Street conveyancing practice and ask them why they are no longer on the approved list for your lender.
My wife and I are downsizing from our house in Adwick le Street and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Adwick le Street conveyancer would know this is not the case. It does beg the question why the purchasers are using a nationwide conveyancing firm rather than a conveyancing solicitor in Adwick le Street. We have lived in Adwick le Street for 4 years we know of no issue. Do we contact our local Authority to seek confirmation that there is no issue.
It would appear that you have a conveyancing lawyer currently acting for you. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
The deeds to my property are lost. The lawyers who handled the conveyancing in Adwick le Street 10 years ago no longer exist. What are my next steps?
You no longer need to have the physical official documentation to evidence that you are the registered proprietor of land or premises, as the Land Registry have everything they need in a digital format.
Am I best advised to choose a Adwick le Street conveyancing solicitor in close proximity to the house I am hoping to buy? I have an old university friend who can perform the conveyancing but they are based 300miles away.
The primary upside of using a local Adwick le Street conveyancing firm is that you can attend the office to execute paperwork, deliver your ID and apply pressure on them if necessary. They will also have local knowledge which is a plus. That being said it's more important to get someone that will pull out all the stops for you. If if people you trust used your friend and in the main were content that should trump using an unknown Adwick le Street conveyancing solicitor solely due to them being Adwick le Street based.
I work for a reputable estate agent office in Adwick le Street where we have experienced a number of leasehold sales put at risk due to short leases. I have been given conflicting advice from local Adwick le Street conveyancing firms. Could you clarify whether the seller of a flat can instigate the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I invested in buying a garden flat in Adwick le Street, conveyancing having been completed 9 years ago. Can you work out an approximate cost of a lease extension? Comparable properties in Adwick le Street with over 90 years remaining are worth £191,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease ceases on 21st October 2078
With 53 years left to run we estimate the price of your lease extension to range between £27,600 and £31,800 plus plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.
I am thinking of choosing a web based solicitor as opposed to a Adwick le Street conveyancing firm. Am I making a mistake?
Advantages do exist in having the opportunity to visit a local Adwick le Street conveyancing solicitor such as
- signing documents same day
- getting face-to-face explanations of things that need explaining
- the ability to raise concerns if matters go pear-shaped
When comparing estimates, look out for hidden extras. Most decent Adwick le Street high street solicitors give an all-inclusive figure. Many online agents seem to offer cheap prices, yet have hidden 'extras' in the small print.