We are purchasing a property and need a conveyancing solicitor in Cudham who is on the Nationwide approved panel. Could you point me in the right direction as regards a firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Nationwide . We don't recommend any particular firms conducting conveyancing in Cudham.
we are a couple who are hoping to buy a newbuild apartment in Cudham with a residential mortgage from Godiva Mortgages Ltd.We have a Cudham conveyancing solicitor but Godiva Mortgages Ltd informed us she’s not on their "panel". We have to appoint a Godiva Mortgages Ltd panel firm or keep our preferred solicitor and fork out for a Godiva Mortgages Ltd panel lawyer to act for them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The mortgage issued to you contains various provisions, a common one being that lawyers must be on the Godiva Mortgages Ltd solicitor panel. Until recently, most banks 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Godiva Mortgages Ltd
is it true that all Cudham solicitor practices on the Bank of Ireland conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Bank of Ireland approved list of solicitors they would need to be governed by the SRA. The majority of mortgage companies do list licenced conveyancers on their panel and in that case the practice would be governed by the CLC.
I am buying a property in Cudham. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Clydesdale be concerned?
As your lender is Clydesdale your lawyer must comply with the formal instructions contained in Part two of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook stipulates minimum specifications for solar panel roof-space leases, and solicitors are required to report to Clydesdale where a lease fails to satisfy these requirements. The specifications relate to the installation of panels on properties in England and Wales and is not limited to Cudham.
I can not work out if 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 Cudham bank branch on numerous occasions and was informed it wasn't a problem and they will lend. My Cudham conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they would not lend based on their specific requirements. I have no idea who is right.
Your lawyer has to comply with the Council of Mortgage Lenders’ Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the lender 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Will my solicitor be making enquiries regarding flooding as part of the conveyancing in Cudham.
The risk of flooding is if increasing concern for lawyers dealing with homes in Cudham. There are those who purchase a property in Cudham, completely expectant that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Conveyancers are not qualified to give advice on flood risk, but there are a various searches that can be initiated by the buyer or by their lawyers which should give them a better understanding of the risks in Cudham. The standard property information forms sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the owner to find out if the premises has ever been flooded. In the event that flooding has previously occurred which is not notified by the seller, then a buyer could commence a claim for damages stemming from an incorrect response. A purchaser’s lawyers will also commission an environmental search. This should disclose whether there is any known flood risk. If so, more detailed inquiries will need to be carried out.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a simple, chain free conveyancing. Cudham is where the house is located. Can you offer any guidance?
Flying freeholds in Cudham are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cudham you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cudham may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
I've recently bought a leasehold property in Cudham. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Cudham. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We are happy to put you in touch with a Cudham conveyancing firm who can help.
An example of a Lease Extension case for a Cudham premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The unexpired lease term was 50.57 years.