The Belper conveyancing solicitors that I appointed last week on my purchase in Belper have without warning shut down. They were on acting for me because I needed a lawyer on the Santander conveyancing panel and my family Belper lawyer was not. I gave my credit card details for them to take £195 for searches. What should be my next steps?
If you have an estate agent involved then let them know immediately so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Santander conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to help.
A relative suggested that if I am buying in Belper I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is sometimes included in the estimate for your Belper conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Belper around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Belper Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Belper Education with plans and statistics, Local Amenities and other useful information regarding Belper.
I am buying my first flat in Belper with the aid of help to buy. The builders would not move on the price so I negotiated five thousand pounds worth of extras instead. The estate agent suggested that I not inform my conveyancer about this deal as it could adversely affect my loan with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the encouragement of my in-laws I had a survey completed on a property in Belper in advance of retaining lawyers. I have been informed that there is a flying freehold element to the house. My surveyor advised that some lenders may refuse to give a mortgage on this type of premises.
It depends who your proposed lender is. Santander has different requirements from Halifax. Should you wish to call us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Belper. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Belper to see if the conveyancing costs will increase in light of this.
What does commercial conveyancing in Belper cover?
Belper conveyancing for business premises incorporates a broad range of services, supplied by regulated solicitors, relating to business premises. By way of example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.
Last May I purchased a leasehold flat in Belper. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Belper Leasehold Conveyancing - A selection of Questions you should ask before buying
Are any of leasehold owners in arrears of their service charge payments? For many Belper leaseholds the cost for major works tend not to be incorporated into the service charges, although a few managing agents in Belper ask leaseholders to contribute towards a sinking fund created for the specific intention of building a fund for larger works. It would be sensible 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 owner of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to every day issues such as the tidiness of the communal areas. Enquire of other tenants what they think of their service. Finally, be sure you understand the dates that the service charges are due to the managing agents and precisely how they are spending that money.