We are buying a newbuild flat in Arundel with a mortgage from Birmingham Midshires.We use our Arundel conveyancing solicitor but Birmingham Midshires says his firm is not listed on their "panel". we are left little option but to use a Birmingham Midshires panel solicitor or retain our local solicitor and fork out for a Birmingham Midshires panel lawyer to represent them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The mortgage offered to you contains terms and conditions, one of which will be that conveyancers must be on the Birmingham Midshires approved list. Until recently, most mortgage companies had large numbers of solicitors 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 lawyer to apply to be on the conveyancing panel for Birmingham Midshires
Various web forums that I have come across warn that are the number one cause of stalling in Arundel conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays in the conveyancing process. Searches are unlikely to feature in any holding up conveyancing in Arundel.
I own a semi-detached Georgian property in Arundel. Conveyancing practitioner represented me and Leeds Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold under the exact same property. Is it worth asking Leeds Building Society to clarify?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Arundel and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with your conveyancing solicitor who carried out the work.
Due to the guidance of my in-laws I had a survey completed on a house in Arundel in advance of instructing solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies tend refuse to issue a loan on such a home.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. Should you wish to telephone us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Arundel. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Arundel to see if the conveyancing costs will increase in light of this.
How easy is it to swap solicitor as I have to appoint a firm on the Norwich and Peterborough Building Society conveyancing panel. I was using a family conveyancing solicitor in Arundel round the corner but he is not accepted by Norwich and Peterborough Building Society
It would be our pleasure to assist you find a conveyancing solicitor in Arundel on the Norwich and Peterborough Building Society panel. Please note that the solicitors that we work with do not pay us fee if you instruct them and are regulated by the Solicitors Regulation Authority who regulate all conveyancing solicitors in Arundel. In making use of search facility on this website, you can compare and instruct different solicitors and conveyancers both nationally and in Arundel.
I am employed by a long established estate agent office in Arundel where we have witnessed a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Arundel conveyancing firms. Please can you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
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.
Arundel Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
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It would be prudent to discover as much as possible about the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to practical issues like the cleanliness of the communal areas. Enquire of other tenants what they think of their management. On a final note, be sure you understand the dates that the maintenance fees are due to the relevant party and precisely what you get for your money. Can you tell me if there are any major works on the horizon that could add a premium to the service charges? Most Arundel leasehold flats will be liable to pay a service bill for maintenance of the building invoiced on behalf of the freeholder. If you buy the apartment you will have to meet this liability, normally periodically accross the year. This may differ from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met annual, this is usually not a large sum, say about £25-£75 but you should to check it because occasionally it can be prohibitively expensive.