Last May we completed a house move in Cann Hall. We have noticed several problems with the property which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been carried out for conveyancing in Cann Hall?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Cann Hall. Conveyancing searches and investigations undertaken during the buying process are designed to help avoid problems. As part of the legal transfer of property, a property owner completes a form known as a SPIF. If the information provided is inaccurate, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Cann Hall.
I am looking to buy a house and require a conveyancing solicitor in Cann Hall who is on the Clydesdale conveyancing. Can you recommend a local solicitor?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Clydesdale in certain locations such as Cann Hall. We dont recommend any particular firm.
I'm the sole beneficiary of my late father’s estate and I have everything in my name alone, including the house in Cann Hall. The Cann Hall property was put into my name in July. I now wish to sell up. I understand that there is a CML 6 month 'rule', which means that my proprietorship may be considered the same way as if I'd bought the property in July. 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." Technically you may be impacted by that. How practical a view lenders take of it, depend on the bank as this obligation is principally there to identify the purchase and immediately sell or the wholesaling and assigning of properties.
Last month we had a mortgage agreed in principle with TSB. Cann Hall conveyancing solicitors have been selected. How long does it take for TSB to forward the offer to the lawyer?
There is no definitive answer here. Have TSB conducted the survey? Have you informed TSB as to your lawyers' details and checked that your lawyers are on the TSB conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
It is unclear whether my lender requires a lease extension. I have called into my local Cann Hall building society branch on various occasions and was informed it wasn't a problem and they would lend. My Cann Hall conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the solicitor is on the lender approved list, she or he must comply with the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
How does conveyancing in Cann Hall differ for new build properties?
Most buyers of new build property in Cann Hall come to us having been asked by the builder to sign contracts and commit to the purchase even before the premises is ready to move into. This is because builders in Cann Hall tend to buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Cann Hall or who has acted in the same development.
I have been on the look out for a leasehold apartment up to £195,000 and identified one near me in Cann Hall I like with a park and railway links nearby, however it only has 52 years on the lease. I can't really find anything else in Cann Hall suitable, so just wondered if I would be making a mistake acquiring a short lease?
Should you require a home loan the shortness of the lease will likely be problematic. Reduce the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for a minimum of 2 years you can request that they commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor about this matter.
Can you provide any advice for leasehold conveyancing in Cann Hall with the intention of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Cann Hall can be bypassed if you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the buyers’ conveyancers. In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Cann Hall leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. Should you dont have the consents in place do not contact the landlord without checking with your lawyer in advance. You believe that you know the number of years remaining on your lease but you should verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is less than 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale. If you hold a share in a the Management Company, you should ensure that you have the original share document. Arranging a re-issued share certificate is often a time consuming process and frustrates many a Cann Hall home move. Where a new share certificate is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible. If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to ongoing.
Following years of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Cann Hall. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the LVT to judgment on the price payable.
An example of a Freehold Enfranchisement matter before the tribunal for a Cann Hall residence is 36 New Wanstead in August 2010. The Tribunal arrived at a valuation of the premium for the freehold of £22,359. This case related to 2 flats. The unexpired term was 73.92 years.