My wife and I are planning to purchase a 1 bedroom apartment in Bellingham with a mortgage. We have a Bellingham solicitor, but the mortgage company advise he's not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Bellingham property lawyer and pay for one of their panel firms to act for them. We consider that this is unjust; are we not able to require that the bank use our Bellingham solicitor ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms 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. A further alternative is for your Bellingham conveyancing lawyer to apply to be on the conveyancing panel.
I am the registered owner of a freehold premises in Bellingham but still charged rent, why is this and what is this?
It’s unusual for properties in Bellingham and has limited impact for conveyancing in Bellingham but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
What happens if my lawyer’s firm is suspended from the Kent Reliance Conveyancing panel ahead of completing my conveyancing in Bellingham?
First, 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 for a fee.
I am buying a 3 bedroom semi in Bellingham. The intention is to convert the garage to an office at the house.Will legal investigations on the property involve enquiries to ascertain if these alterations are prohibited?
Your solicitor will check the deeds as conveyancing in Bellingham can occasionally reveal restrictions in the title documents which prevent categories of works or necessitated the permission of another owner. Many additions call for local authority planning consent and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these things with a surveyor ahead of any purchase.
I'm the sole beneficiary of my late mum's will and I have everything in my name alone, including the my former home in Bellingham. Conveyancing formalities meant that the Land Registry date was in February. I plan to dispose of the house. I do know about the CML six month 'rule', which means that my proprietorship may be regarded the same way as though I had purchased the property in February. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How sensible a view banks take of it, depend on the bank as this provision is primarily there to pick up on subsales or the flipping of properties.
How can we tell if a Bellingham conveyancing solicitor on the Principality panel is any good?
When it comes to conveyancing in Bellingham getting recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advocate that you speak with the solicitor carrying out your conveyancing.
I am looking for a ground for flat up to £235,500 and identified one round the corner in Bellingham I like with a park and railway links nearby, however it's only got 49 years unexpired on the lease. There is not much else in Bellingham suitable, so just wondered if I would be making a grave error purchasing a short lease?
If you need a mortgage the shortness of the lease will be problematic. Discount the price by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of 2 years you may request that they start the process of the extension and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor concerning this.
I have recently realised that I have Seventy years unexpired on my lease in Bellingham. I now wish to extend my lease but my landlord is can not be found. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to prove that you have made all reasonable attempts to find the freeholder. On the whole an enquiry agent should be helpful to try and locate and to produce an expert document to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Bellingham.
Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Bellingham. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to decide the sum to be paid.
An example of a Freehold Enfranchisement decision for a Bellingham premises is 75 Woolstone Road in February 2012. the decision of the Tribunal was that the appropriate amount to be paid to purchase the freehold was the sum of £17,711 . This case related to 2 flats. The unexpired term was 68.28 and 158.