I plan on buying an apartment in Cheltenham. My property lawyer is not listed on the bank conveyancing list. Is it possible for me to retain my Cheltenham conveyancing solicitor even though they are excluded from the bank panel of approved conveyancing solicitors?
One must appoint a conveyancer to complete the formalities if you need a mortgage to purchase your property. The lawyer will conduct all the relevant investigations on the property, ensuring that you’re registered as proprietor and ensure that all the required mortgage paperwork is in place. One can select a Cheltenham lawyer of your choosing. Nevertheless, where the solicitor selected is not on the bank approved list further fees will arise as separate legal representation will be required by them. Conveyancing panel applications may be submitted, so provided your conveyancer has not historically sought membership they should take the chance to apply.
We are planning to buy with Earl Shilton BS. We have called around locally but am struggling to find a Cheltenham conveyancing firm on the Earl Shilton BS approved list. Please you help?
You should make use of the find a lender approved solicitor tool on this page. Pick the mortgage company and type Cheltenham or your location and you will be presented with numerous conveyancers offices in Cheltenham or near you.
Have just purchased a probate house at auction in Cheltenham. Conveyancing is needed. What happens now?
Now that you are exchanged you now have to instruct a conveyancing practitioner quickly as you are facing a tight a drop dead date to complete the deal. An auction property will have a corresponding legal set of papers. This should include most,if not all of the documents that your solicitor requires. In the case of leasehold premises the auction pack may include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to leasehold premises. You need to hand this to the lawyer instructed by you as soon as possible. You also need to ensure that you have funds organised to complete the transaction on the set completion date.
We have agreed to purchase a house in Cheltenham. A rare aspect is that the roof has a solar panel. HSBC have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is HSBC your lawyer must comply with the formal requirements outlined in Part two of UK Finance Lenders’ Handbook for HSBC. The Council of Mortgage Lenders’ Handbook stipulates minimum requirements for solar panel roof-space leases, and property lawyers are required to report to HSBC where a lease does not meet these provisions. The requirements relate to the installation of panels on properties nationwide and is not isolated to Cheltenham.
My offer was accepted on a house in Cheltenham on 22/12/2020, valuation was booked 3 days later, received a clean bill of health. Solicitor appointed, so all that was missing was my mortgage offer. Having made daily calls to Santander and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Santander conveyancing panel. Are Santander entitled to hold back the Mortgage pending the lawyer being on the approved list?
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Santander to deal with your lawyer's application to be on the Santander conveyancing panel. There's no guarantee that your solicitor will be accepted.
My partner and I are downsizing from our home in Cheltenham and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any local lawyer would know this is not the case. It does beg the question why the purchasers instructed a national conveyancing practice as opposed to a conveyancing solicitor in Cheltenham. Having lived in Cheltenham for six years we know of no issue. Is it a good idea to contact our local Authority to seek confirmation that there is no issue.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
Due to the guidance of my in-laws I had a survey completed on a property in Cheltenham prior to appointing conveyancers. I have been informed that there is a flying freehold element to the property. My surveyor advised that some lenders will not grant a loan on a flying freehold house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Cheltenham. Conveyancing may be slightly more expensive based on your lender's requirements.
There are only 72 years left on my lease in Cheltenham. I now want to extend my lease but my landlord is missing. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the landlord. In some cases an enquiry agent would be useful to conduct investigations and to produce an expert document to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Cheltenham.
Cheltenham Leasehold Conveyancing - Sample of Queries before buying
Best to be warned whether changing the roof or some other major work is coming up that will be shared amongst the leasehold owners and will materially increase the the maintenance charges or necessitate a specific payment. Who is in charge of the building? Are any of leasehold owners in dispute over their service charge payments?