Is the fact that my solicitor in Canterbury is not on my mortgage company's conveyancing panel that there is a problem with the standard of her work?
That is most likely an incorrect assumption to make. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Canterbury conveyancing firm and ask them why they are no longer on the approved list for your lender.
I am buying a new build apartment in Canterbury and my conveyancer is telling me that she has to the bank to disclose incentives from the seller. I am on a tight deadline to sign contracts and I don't want to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I have been told that property searches are a common reason for hinderance in Canterbury conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of a review by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays during the legal transfer of property. Searches are unlikely to feature in any holding up conveyancing in Canterbury.
Due to the advice of my in-laws I had a survey completed on a house in Canterbury before appointing lawyers. I have been told that there is a flying freehold aspect to the house. The surveyor advised that some lenders will refuse to give a loan on a flying freehold home.
It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. If you contact us we can investigate further with 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 Canterbury. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Canterbury to see if the conveyancing will be more expensive.
I'm remortgaging my existing house to a BTL loan with TSB and I will use the ballance of the raised equity as a down payment on further house. The location we are talking about is Canterbury. Will your lawyers be able to act for both sets of mortgage companies and tie in the two deals?
Do use our comparison tool on this site to be sure that the lawyers are on the appropriate lender panels. Assuming that they are your lawyer should be able to simultaneously deal with the two transactions but you should have a chat with you conveyancer and specify your expectations and needs.
I am employed by a long established estate agency in Canterbury where we have experienced a few leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local Canterbury conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.
Canterbury Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
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Does the lease include onerous restrictions? The best form of lease structure is if the freehold title is in the ownership of the leaseholders. In this scenario the tenants have control and notwithstanding that a managing agent is often employed where the building is larger than a house conversion, the managing agent retained by the leaseholders. How many years remain on the lease?