Please explain the implications if my lawyer’s firm is suspended from the RBS Solicitor panel ahead of completing my conveyancing in Biggin Hill?
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 for a fee.
I own a 4 bedroom Georgian property in Biggin Hill. Conveyancing lawyer represented me and HSBC Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold with the matching address. I thought I was buying a freehold how can I check?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Biggin Hill and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing practitioner who completed the work.
Due to the guidance of my in-laws I had a survey completed on a property in Biggin Hill in advance of appointing lawyers. I have been told that there is a flying freehold element to the property. The surveyor has said that some mortgage companies will not give a mortgage on a flying freehold premises.
It varies from the lender to lender. HSBC has different instructions for example to Halifax. Should you wish to call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Biggin Hill. Conveyancing will be smoother if you use a solicitor in Biggin Hill especially if they regularly deal with such properties in Biggin Hill.
How easy is it to swap firm as I have to appoint one who is on the Alliance & Leicester conveyancing list. I hired a high street conveyancing solicitor in Biggin Hill five minutes from me but she is not approved by Alliance & Leicester
It would be our pleasure to help you select a conveyancing solicitor in Biggin Hill on the Alliance & Leicester panel. Please note that the conveyancers that we list do not pay us commission if you instruct them and are under regulation of the Solicitors Regulation Authority who oversee all conveyancing solicitors in Biggin Hill. Using the find a conveyancing solicitor tool on this page, you can compare and instruct different solicitors and conveyancers both nationally and in Biggin Hill.
My husband and I are one month into a freehold purchase having been referred to conveyancers by the estate agent to handle our conveyancing in Biggin Hill. I am am extremely disappointed with the quality of service. Can you help me find new conveyancers?
A lawyer would have to be really bad in order to consider diss instructing them. Has the loan offer been generated? In the event that it has you will need to make them aware of the new solicitor and have the loan are re-sent. Your new solicitor ideally needs to be on the banks panel to avoid supplemental costs and complications. So that should be your first question of the new solicitors. The search tool should assist you in finding a bank approved lawyer for your home move in Biggin Hill
I am employed by a reputable estate agency in Biggin Hill where we see a few flat sales jeopardised due to short leases. I have received conflicting advice from local Biggin Hill conveyancing firms. Can you shed some light as to whether the owner of a flat can instigate the lease extension formalities for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I have had difficulty in seeking a lease extension in Biggin Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to judgment on the premium.
An example of a Lease Extension case for a Biggin Hill property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The unexpired term was 50.57 years.