My lawyer in Birtley has never been on on the Halifax Solicitor Panel. Can I still retain my family solicitor even though they are excluded from the Halifax panel of approved conveyancing solicitors?
Your options are as follows:
- Complete the purchase with your existing Birtley solicitors but Halifax will need to instruct a lawyer on their panel. This will result in additional total conveyancing fees and cause delays.
- Get a new solicitor to to deal with the conveyancing, obviously checking they are Halifax approved.
- Persuade your Halifax solicitor to try to join the Halifax panel
It has been five months since my purchase conveyancing in Birtley took place. I have checked the Land Registry website which shows that I paid £175,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Just had an offer accepted on a new build apartment in Birtley. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Birtley
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants. 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.
I am looking for a leasehold apartment up to £235,500 and found one near me in Birtley I like with a park and station nearby, the downside is that it only has 61 years unexpired on the lease. There is not much else in Birtley for this price, so just wondered if I would be making a mistake acquiring a lease with such few years left?
If you need a mortgage the remaining unexpired lease term will be problematic. Reduce the offer by the expected lease extension will cost if not already taken into account. If the current proprietor has owned the premises for at least twenty four months you can ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should speak to your conveyancing lawyer regarding this.
My husband and I are 3 weeks into a leasehold purchase having been recommend to conveyancers by the selling agent to perform conveyancing in Birtley. I am am very disappointed with the level of service. Could you help me find new lawyers?
A conveyancer would have to be really poor to suggest diss instructing them. Has your mortgage been sent? In the event that it has you will need to inform them of the new conveyancer and get the offer are re-issued. Your new conveyancer needs to be on the lenders approved list to avoid supplemental charges and delays. So that should be your first question of the new solicitors. The search tool will help you find a bank approved solicitor for your home move in Birtley
I've recently bought a leasehold property in Birtley. Do I have any liability for service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous owner 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).
Leasehold Conveyancing in Birtley - Examples of Queries Prior to Purchasing
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It would be prudent to enquire if the the lease includes any adverse restrictions in the lease. By way of example it is reasonably common in Birtley leases that pets are not allowed in certain buildings in Birtley. If you like the apartmentin Birtley however your cat is not allowed to live with you then you have a very difficult compromise. This information is important as a) areas could cause problems for the building as the communal areas may start to deteriorate where repairs are not paid for b) if the leaseholders have an issue with the managing agents you will need to have complete disclosure Its a good idea to discover as much as you can regarding the company managing the block as they can either make your living at the property much simpler or uncomfortable. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical matters like the tidiness of the common parts. Enquire of prospective neighbours what they think of their management. On a final note, be sure you discover the dates that the maintenance charges are due to the relevant party and specifically what you get for your money.