We wanted to use a property lawyer in Bartley Green for our house move. Our financial adviser informed us that our bank Norwich and Peterborough Building Society won't deal with them. Why is this not regarded as unfair competition?
Before the recession most banks had an appetite for risk which was higher than today. Almost all Bartley Green conveyancing firms would have been on many mortgage company panels. The FSA in 2010 carried out a thematic investigation into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, mortgage companies are increasingly seeing more data from law firms concerning their operations and their employees as well as set certain criteria such a completing on a minimum amount of transactions. Many Bartley Green conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Bartley Green is one of the hundreds of locations where the conveyancers we list are members of the panel for Norwich and Peterborough Building Society.
is it true that all Bartley Green solicitor practices on the Nationwide conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Nationwide approved list of solicitors they would need to be overseen by the SRA. Some mortgage companies do permit licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers.
I'm in the process of looking at flats in Bartley Green and I am about to put in an offer. Is it best to have my solicitor on ‘stand by’? I am planning to take a home loan with Clydesdale.
You should start requesting conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the estate agent. Given that you are getting a mortgage with Clydesdale, ask your prospective lawyers if they are on the Clydesdale conveyancing panel otherwise they can't do the mortgage legal work.
I have today made my last payment due on my mortgage with Leeds Building Society. I assume I don't need a Bartley Green conveyancing practitioner on the Leeds Building Society panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Leeds Building Society 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 Leeds Building Society mortgage from the register. Leeds Building Society, 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 Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
Should my lawyer be making enquiries regarding flooding as part of the conveyancing in Bartley Green.
The risk of flooding is if increasing concern for lawyers dealing with homes in Bartley Green. Plenty of people will acquire a property in Bartley Green, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, however there are a number of searches that can be undertaken by the buyer or by their lawyers which will figure out the risks in Bartley Green. The standard completed inquiry forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to discover if the property has suffered from flooding. In the event that the property has been flooded in past which is not revealed by the seller, then a purchaser may commence a claim for damages stemming from an incorrect reply. A purchaser’s solicitors should also order an environmental search. This will reveal if there is any known flood risk. If so, more detailed inquiries will need to be conducted.
Are there restrictive covenants that are commonly identified as part of conveyancing in Bartley Green?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Bartley Green. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
In what way can the Landlord & Tenant Act 1954 affect my business property in Bartley Green and how can your lawyers assist?
The 1954 Act provides security of tenure to commercial leaseholders, granting the dueness to make a request to court for a new tenancy and remain in occupation at the end of an expired lease. There are limited grounds that a landlord can refrain from granting 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 help with commercial conveyancing in Bartley Green
I own a leasehold flat in Bartley Green. Conveyancing and Skipton Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Bartley Green who previously acted has long since retired. Do I pay?
First contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Bartley Green conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I purchased a basement flat in Bartley Green, conveyancing formalities finalised in 2011. Can you please calculate a probable premium for a statutory lease extension? Similar properties in Bartley Green with an extended lease are worth £176,000. The ground rent is £50 invoiced every year. The lease runs out on 21st October 2103
With only 79 years unexpired we estimate the premium for your lease extension to be between £8,600 and £9,800 as well as plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.