Is it the case that all Cheetham Hill conveyancing solicitors on the Santander conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the Santander conveyancing panel they would need to be overseen by the Solicitors Regulatory Authority. Some mortgage companies do permit licenced conveyancers on their panel and in that case the firms would be governed by the Council of Licensed Conveyancers.
My husband and I have organised the release of further monies on our home loan from Kent Reliance as we wish to conduct renovations to our house in Cheetham Hill. Are we obliged to appoint a bricks and mortar Cheetham Hill solicitor on the Kent Reliance conveyancing panel to deal with the paperwork?
Kent Reliance would not normally require a member of their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Kent Reliance conveyancing panel.
I recently had an offer accepted on a house in Cheetham Hill. My mortgage broker recommended their conveyancers. I paid an on account payment of £200. Soon after, the conveyancing practitioner called me sheepishly admitting that they were not on the Nottingham conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nottingham panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should my solicitor be raising questions concerning flooding as part of the conveyancing in Cheetham Hill.
Flooding is a growing risk for lawyers specialising in conveyancing in Cheetham Hill. Plenty of people will purchase a house in Cheetham Hill, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, but there are a number of searches that can be carried out by the buyer or by their lawyers which should give them a better understanding of the risks in Cheetham Hill. The conventional set of information given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to discover whether the premises has historically flooded. In the event that flooding has previously occurred and is not notified by the seller, then a buyer may bring a compensation claim as a result of such an misleading answer. A purchaser’s conveyancers will also carry out an enviro report. This should disclose whether there is a recorded flood risk. If so, additional inquiries will need to be initiated.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what should have been a simple, chain free conveyancing. Cheetham Hill is the location of the property. Can you offer any assistance?
Flying freeholds in Cheetham Hill are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cheetham Hill you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cheetham Hill may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
How does the Landlord & Tenant Act 1954 impact my commercial property in Cheetham Hill and how can your lawyers assist?
The particular law that you refer to provides protection to business tenants, granting the a statutory right to apply to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Cheetham Hill is one of the hundreds of locations in which the firms we work with have offices
I work for a long established estate agent office in Cheetham Hill where we have witnessed a number of flat sales derailed as a result of short leases. I have received conflicting advice from local Cheetham Hill conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can commence the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done 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 buyer.
Cheetham Hill Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying
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Are any of leasehold owners in dispute over their service charge liability? What is the name of the managing agents? The answer will be important as a) areas can result in problems for the block as the communal areas may start to deteriorate if services remain unpaid b) if the tenants have an issue with the managing agents you will wish to have full disclosure
My lawyer in Cheetham Hill has informed me that he requires ID documents asserting that this forms part of his obligations as a solicitor on the bank Conveyancing panel. Am I being spun a yarn?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the bank. This is not unique to conveyancing in Cheetham Hill