I am considering applying for a HSBC mortgage for purchase of a new build (under development) in Chiswick with 65 per cent loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for HSBC ?
There is nothing to stop you using your solicitor, but HSBC will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
I happen to be the sole beneficiary of my late mum's will with all property in now in my sole name, including the my former home in Chiswick. Conveyancing formalities meant that the Land Registry date was in March. I now wish to sell up. I do know about the CML six month 'rule', which means that my property ownership could be treated the same way as if I'd bought the property in March. Will no one buy the property for half a year?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. How sensible a view banks take of it, depend on the bank as this clause principally exists to pick up on the purchase and immediately sell or the quick reselling of property.
I am due to exchange contracts on my apartment. I had a double glazing fitted in March 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Bank of Ireland are being a right pain. The Chiswick solicitor who is on the Bank of Ireland conveyancing panel is saying indemnity insurance will be fine but Bank of Ireland are insisting on a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Our sealed bid on a semi in Chiswick has been agreed to, the owners do nevertheless have a tied purchase. The owners have placed an offer on a property, however it’s not yet agreed to, and have viewings of other flats in the pipeline. I have instructed a nearby conveyancing solicitor in Chiswick. What do I do now? At what stage do I apply for the mortgage with UBS?
It is understandable to have anxieties where there is a chain as you are unlikely to want to be too out of pocket too early (home loan application is in the region of one thousand pounds, then valuation, Chiswick conveyancing search costs, etc). First, you should ensure that your property lawyer is on the UBS approved list. As to the next phase this very much depends on the circumstances of your transaction, attraction to this property and on the state of the market. During a buoyant market some buyers would apply for a home loan with UBS and pay for the valuation and only if it comes back ok would they ask their lawyer to press on with searches.
A friend advised me that if I am purchasing in Chiswick I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is usually quoted for as part of the standard Chiswick conveyancing searches. It is not a small report of about 40 pages, listing and setting out important information about Chiswick around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful information about Chiswick.
How can the Landlord & Tenant Act 1954 affect my business premises in Chiswick and how can your lawyers assist?
The 1954 Act affords a safeguard to commercial leaseholders, giving them the a statutory right to make a request to court for a new lease and continue in occupation at the end of the lease term. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Chiswick is one of the many areas of the UK in which our lawyers are located
I have recently realised that I have Fifty years remaining on my flat in Chiswick. I need to extend my lease but my landlord is can not be found. What should I do?
On the basis that 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 magistrate. However, you will be required to prove that you have done all that could be expected to find the freeholder. On the whole a specialist would be useful to try and locate and to produce a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court covering Chiswick.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Chiswick conveyancing firm to act on my behalf?
Where there is a missing freeholder or where there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to judgment on the premium.
An example of a Lease Extension case for a Chiswick flat is Flat 1 30 Ennismore Avenue in September 2010. the Tribunal adopted and arrived at a premium for the lease extension of £29, 900 This case related to 1 flat. The unexpired term as at the valuation date was 68.34 years.
Much to my surprise my property lawyer in Chiswick has requested from me ID documents stating that this forms part of his retainer as a solicitor on the mortgage company Solicitor panel. Can this be correct?
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 Chiswick