Our conveyancer has uncovered a a legal deficiency with the lease for the apartment we are buying in Ashton Under Lyne. The other side have offered title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer says that he must be satisfied that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
I am helping my aunt sell her house in Ashton Under Lyne. Will the conveyancing solicitor order the EPC or should I organise this?
After the abolition of Home Information Packs, energy performance certificates was left as a compulsory element of moving house. An energy assessment must be commissioned in advance of the property being advertised. This is not something that conveyancers ordinarily arrange. If you are using a Ashton Under Lyne conveyancing solicitor they might be able to arrange EPC’s due to their contacts with reputable Ashton Under Lyne assessors
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Ashton Under Lyne conveyancer on the UBS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
I have a mortgage with Aldermore for my property in Ashton Under Lyne. Conveyancing was finalised a year ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Aldermore?
Aldermore must be informed of your intention prior to letting out your property as this is likely to be a breach of Aldermore’s mortgage conditions. It may be that Aldermore will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Aldermore directly. You need not do this via a Aldermore conveyancing panel lawyer.
five months have gone by following my purchase conveyancing in Ashton Under Lyne completed. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
How can the Landlord & Tenant Act 1954 affect my business offices in Ashton Under Lyne and how can you help?
The particular law that you refer to affords a safeguard to commercial tenants, granting the a statutory right to make a request to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Ashton Under Lyne
What advice can you give us when it comes to appointing a Ashton Under Lyne conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Ashton Under Lyne conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Ashton Under Lyne conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be of use:
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How familiar is the practice with lease extension legislation? If the firm is not ALEP accredited then what is the reason?
Ashton Under Lyne Leasehold Conveyancing - A selection of Queries Prior to buying
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How many of the leaseholders are in arrears for their service charge payments? It would be prudent to find out if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Ashton Under Lyne. If you love the propertyin Ashton Under Lyne yet your dog can’t live with you then you have a very hard determination. This information is helpful as a) areas could cause problems for the block as the communal areas may start to deteriorate where services remain unpaid b) if the leasehold owners have an issue with the managing agents you will need to have complete disclosure
We are looking to acquire a repression house in Ashton Under Lyne and the vendor would like to complete inside a month. Can a property lawyer meet that timeframe? Would it be better to use a high street Ashton Under Lyne firm or an online firm that professes to offer speedy conveyancing?
Visit your Ashton Under Lyne high street. Go in to a couple of companies and request to talk to a conveyancing solicitor for a quote. Set out your needs and seek a commitment on speed. Appoint the one that seems most efficient. You need to choose a conveyancer on the list of conveyancing practitioners who can act for your mortgage company.