Our Battle lawyer has discovered an inconsistency when comparing the assumptions in the valuation survey and what is revealed within the legal papers for the property. My solicitor says that he is duty bound to check that the bank is OK with this discrepancy and is content to go ahead. Is my conveyancer’s approach right?
Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Please explain the implications if my solicitor is expelled from the Skipton Solicitor panel ahead of completing my conveyancing in Battle?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
This question may be naive but I am wet behind the ears as a first time purchaser of a ground floor flat in Battle. Do I collect the keys to the premises on the completion date from my conveyancer? If so, I will use a local conveyancing solicitor in Battle?
On the day of completion you will not be required to go to the conveyancers office in Battle. Your solicitors will transfer the completion advance to the owner’s conveyancers, and shortly after the monies have arrived, you will be able to pick up the keys from the selling Agents and start moving into the property. This tends to happen early afternoon.
My solicitor has informed me that lack of building regulations insurance is needed on my purchase. What is the level of cover for Battle conveyancing?
The right level of lack of building regulations indemnity insurance depends on your lender. It would differ for example between Yorkshire Building Society and The Royal Bank of Scotland. Conveyancing lawyers as opposed to members of the public take out such policies.
Completion of my remortgage has taken place for my property in Battle. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
I used Arc property Solicitors a few years ago for my conveyancing in Battle. I now require my papers however the law firm has closed. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing 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 Battle of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build flat in Battle. 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 enquiries that you can expect your new-build leasehold conveyancing in Battle
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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Can you offer any advice when it comes to finding a Battle conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Battle conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Battle conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be of use:
How familiar is the firm with lease extension legislation?
Battle Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
Does the lease include onerous restrictions? Are any of leasehold owners in dispute over their service charge liability? How is the lease structured?