What happens if my solicitor is expelled from the RBS Conveyancing panel ahead of completing my conveyancing in Clifton?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
A relative advised me that if I am purchasing in Clifton I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is sometimes quoted for as part of the standard Clifton conveyancing searches. It is a large document of more than thirty pages, listing and setting out significant information about Clifton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Clifton 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 concerning Clifton.
I decided to have a survey completed on a house in Clifton before retaining lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some mortgage companies may refuse to grant a loan on a flying freehold house.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Birmingham Midshires. If you e-mail us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Clifton. Conveyancing will be smoother if you use a solicitor in Clifton especially if they regularly deal with such properties in Clifton.
Do I need to be wary that 3rd parties that I am dealing with are encouraging me to use an internet conveyancing firm as opposed to a High Street Clifton conveyancing firm?
As with lots of professional services, often referrals from connections can be worth their weight in gold. Nevertheless there are many players in a conveyancing matter; estate agents, mortgage brokers and mortgage companies may recommend lawyers to retain. Sometimes these conveyancers might be known to one of the organisations as being good in their field, but occasionally there behind the scenes financial incentive behind the endorsement. You have the right to appoint your own conveyancer. However, bear in mind that some banks specify a panel list of solicitors you are obliged to use for the lender aspect of your transaction.
I am 14 days into a leasehold purchase having been referred to solicitors by the estate agent to do our conveyancing in Clifton. I am am very disappointed with the quality of service. Can you help me find new conveyancers?
They would have to be very bad to suggest changing them. Has your mortgage offer been sent? If so you must inform them of the new contact details and ensure the loan are issued to the new lawyers. The solicitor ideally needs to be on the banks approved list to avoid escalating charges and complications. So that should be your starting point. The search tool will help you find a lender approved conveyancer for your conveyancing in Clifton
Can you provide any advice for leasehold conveyancing in Clifton from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Clifton can be avoided where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers. If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unsettled. A minority of Clifton leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. If you hold a share in a the freehold, you should make sure that you have the original share certificate. Organising a replacement share certificate is often a lengthy process and slows down many a Clifton home move. If a reissued share is necessary, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity. In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Clifton state that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. If you fail to have the paperwork to hand you should not contact the landlord without contacting your conveyancer before hand.
Leasehold Conveyancing in Clifton - Examples of Questions you should ask Prior to buying
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It would be prudent to discover if the the lease includes any adverse restrictions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Clifton. If you love the flatin Clifton however your dog can’t move with you then you have a very hard decision. Please inform me if there are any major works in the planning that could add a premium to the service costs? It is important to be aware if fixing the lift or some other significant cost is due in the near future that will be shared amongst the leasehold owners and may well dramatically impact the level of the service charges or result in a one time invoice.