Me and my fiance are buying a 3 bedroom apartment in Coulsdon with a mortgage. We would like to retain our Coulsdon conveyancer, however the mortgage company says he's not on their "panel". It appears that we have no option but to instruct one of the lender panel firms or keep our Coulsdon property lawyer as well as pay for one of their panel firms to act for them. We consider that this is inequitable; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Coulsdon conveyancing lawyer to apply to be on the conveyancing panel.
As someone with no idea as to the Coulsdon conveyancing process what is your top tip you can impart concerning the home moving process in Coulsdon
Not many law firms shout this from the rooftops but conveyancing in Coulsdon and elsewhere in England and Wales is an adversarial process. Put another way, when it comes to conveyancing there is plenty of opportunity for friction between you and others involved in the legal transfer of property. For example, the vendor, selling agent and sometimes a lender. Appointing a law firm for your conveyancing in Coulsdon an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose responsibility is to protect your best interests and to protect you.
On occasion a potential adversary may try and persuade you that it is in your interests to do things their way. For example, the selling agent may claim to be assisting by suggesting your lawyer is slow. Or your mortgage broker may tell you to do take action that is against your lawyers guidance. You should always trust your lawyer above all other parties in the home moving process.
I am the only beneficiary of my late father’s will with all property in now in my sole name, including the house in Coulsdon. Conveyancing formalities meant that the Land Registry date was in August. I plan to dispose of the house. I understand that there is a CML 6 month 'rule', meaning my property ownership will be treated the same way as if I'd bought the house in August. Is the property unsalable for six months?
The Council of Mortgage Lenders’ 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 could be affected by that. many mortgage companies would take a sensible view as this requirement chiefly exists to identify the purchase and immediately sell or the quick reselling of properties.
Is there a list of Leeds Building Society panel conveyancers in Coulsdon on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such directory service on the Council of Mortgage Lenders or Building Society Association websites. A small selection of lenders make their panel listings open the public over the internet. Where you are in need of a Coulsdon lawyer on the Leeds Building Society please use our tool.
I am due to exchange contracts on my apartment. I had a double glazing fitted in November 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Clydesdale are being difficult. The Coulsdon solicitor who is on the Clydesdale conveyancing panel is recommending indemnity insurance as a solution but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale 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.
About to purchase a new build apartment in Coulsdon. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Coulsdon
-
There must be mutual enforceability of lessee’s covenants. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan.
Hoping to buy a property located in Coulsdon and I am already nervous. I couldn't find anything specific about Coulsdon. Conveyancing will be needed in due course but do you know about the Coulsdon area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Coulsdon. In the meantime here are some basic statistics that we found
I have recently realised that I have 62 years left on my lease in Coulsdon. I need to extend my lease but my landlord is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the freeholder. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court covering Coulsdon.
Following months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Coulsdon. Can we issue an application to the Residential Property Tribunal Service?
if there is a missing freeholder or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to make a decision on the price.
An example of a Freehold Enfranchisement case for a Coulsdon flat is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case related to 3 flats. The remaining number of years on the lease was 75 years.