We're in Clapton, FTBs purchasing with a mortgage (lender is Skipton , and our lawyer is on the Skipton conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Skipton conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
We are purchasing a house in Clapton. I might seem paranoid but how we can trust a lawyer? On the day of competition we will need to put our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
Can you point me to a directory of Kent Reliance panel solicitors in Clapton on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such tool on the Council of Mortgage Lenders or Building Society Association sites. A small selection of lenders make their panel listings viewable online. If you are looking for a Clapton lawyer on the Kent Reliance please make the most of our facility.
It is unclear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Clapton building society branch on various occasions and was informed it wasn't an issue and they will lend. My Clapton conveyancing solicitor - who is on the bank conveyancing panel- called and was told they refuse to lend based on their published requirements. Who do I believe?
Your conveyancer has to follow the Council of Mortgage Lenders’ Handbook Part 2 conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am downsizing from our home in Clapton and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any local conveyancer would know this is not the case. It does beg the question why the buyers used a national conveyancing firm rather than a conveyancing solicitor in Clapton. We have lived in Clapton for three years we know of no issue. Is it a good idea to get in touch with our local Authority to get confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You must check with 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 sickness)
I decided to have a survey completed on a house in Clapton ahead of retaining lawyers. I have been informed that there is a flying freehold element to the property. Our surveyor has said that some lenders may refuse to grant a mortgage on this type of house.
It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. Should you wish to call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Clapton. Conveyancing will be smoother if you use a solicitor in Clapton especially if they are acquainted with such properties in Clapton.
As co-executor for the estate of my aunt I am selling a house in Neath but I am based in Clapton. My solicitor (approximately 300 kilometers awayrequires that I sign a statutory declaration prior to completion. Can you recommend a conveyancing practitioner in Clapton who can attest and place their company stamp on the document?
strictly speaking you should not need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will be fine regardless of whether they are Clapton based
What advice can you give us when it comes to choosing a Clapton conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Clapton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Clapton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. The following questions might be of use:
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What are the legal fees for lease extension conveyancing?
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 Clapton conveyancing firm to help?
in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to decide the sum to be paid.
An example of a Freehold Enfranchisement decision for a Clapton flat is 104 Nightingale Road in May 2009. The Tribunal's Decision is that the premium torbe paid for the enfranchisement in this case is £112,174 This case affected 10 flats. The unexpired residue of the current lease was 71.25 years.