My brother and I have just purchased a property in Clayhall. We have since encountered a number of issues with the house which we believe were missed in the conveyancing searches. Is there anything we can do? What searches should? have been carried out for conveyancing in Clayhall?
The query is vague as to the nature of the problems and if they are relate to conveyancing in Clayhall. Conveyancing searches and due diligence undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner answers a document referred to as a SPIF. answers is inaccurate, you may have a misrepresentation claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Clayhall.
We're in Clayhall, First time buyers buying with a mortgage (lender is Aldermore , and our lawyer is on the Aldermore conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Aldermore conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer 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.
This question may be naive but I am wet behind the ears as FTB of a ground floor flat in Clayhall. Do I receive the keys to the house on completion from my solicitor? If this is the case, I will find a High Street conveyancing solicitor in Clayhall?
On the day of completion you do not need to attend the conveyancers office in Clayhall. Your solicitors will arrange to send the completion advance to the seller's lawyers, and shortly after the monies have arrived, you will be invited to pick up the keys from the property Agents and move into your new home. This tends to happen between 1 and 3pm.
I have paid off my mortgage with HSBC. I assume I don't need a Clayhall lawyer on the HSBC panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your HSBC mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the HSBC mortgage from the register. HSBC, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I am selling my apartment. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Santander are being pedantic. The Clayhall solicitor who is on the Santander conveyancing panel is recommending indemnity insurance as a solution but Santander are requiring a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?
It is probably the case that Santander have referred the matter to their valuer. The reason why Santander 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.
A relative suggested that where I am buying in Clayhall I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is sometimes included in the estimate for your Clayhall conveyancing searches. It is a large report of about 40 pages, listing and setting out important information about Clayhall around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Clayhall 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 plans and statistics, Local Amenities and other useful information concerning Clayhall.
Due to the advice of my in-laws I had a survey completed on a house in Clayhall in advance of retaining solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor advised that some lenders will not grant a mortgage on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. If you e-mail us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Clayhall. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Clayhall to see if the conveyancing costs will increase in light of this.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Clayhall conveyancing firm to act on my behalf?
You certainly can. We can put you in touch with a Clayhall conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Clayhall flat is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The remaining number of years on the lease was 65 and 61.
In relation to leasehold conveyancing in Clayhall what are the most common lease problems?
Leasehold conveyancing in Clayhall is not unique. All leases are individual and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:
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Repairing obligations to or maintain parts of the premises
You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Norwich and Peterborough Building Society, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to pull out.