Am I correct in assuming that the fact that my conveyancer in Durham is not identified on my lender's solicitor panel that there is a problem with the quality of her work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Durham conveyancing firm and enquire why they are no longer on the approved list for your lender.
Due to the input of my in-laws I had a survey completed on a house in Durham prior to appointing lawyers. I have been told that there is a flying freehold element to the house. Our surveyor advised that some lenders will not give a mortgage on such a house.
It depends who your proposed lender is. Santander has different instructions from Halifax. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Durham. Conveyancing may be slightly more expensive based on your lender's requirements.
I'm refinancing my existing home to a BTL mortgage with Norwich and Peterborough Building Society and I will use the ballance of the raised equity towards a second property. The area we are talking about is Durham. Will your solicitors be able to act for both sets of lenders and link together the conveyances?
Make use of our comparison tool on this page to ensure that the solicitors are approved by both mortgage companies. Assuming that they are your solicitor will be able to connect the two conveyancing matters but you should talk with you conveyancer and make apparent your desired outcome and requirements.
I need to instruct a conveyancing lawyer in Durham for my remortgage. Is it possible to check a solicitor's record with the legal regulator?
Members of the public may find documented Solicitor Regulator Association (SRA) determinations stemming from investigations commenced on or after Jan 2008. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The regulator sometimes monitor telephone calls for training requirements.
I am employed by a busy estate agent office in Durham where we see a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Durham conveyancing solicitors. Could you confirm whether the seller of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Durham Leasehold Conveyancing - Examples of Queries before Purchasing
Is anyone aware of any major works in the planning that will add a premium to the maintenance costs? For many Durham leaseholds the outlay for major works are not included within maintenance charges, although a few managing agents in Durham require leasehold owners to pay into a reserve fund created for the specific intention of building a fund for larger works.
What is the reason for new build conveyancing in Durham being more expensive?
Buying a brand new premises is significantly different from the normal house purchase conveyancing in Durham. For a start sellers usually need contracts to exchange very quickly, so there is a lot of pressure on your solicitor to ensure all is in order. Furthermore new build properties often necessitate examination of adoption of highways, drains, planning considerations, building warranties or architects certificates. Bank obligations are also more detailed. Taking into account the complex nature of the process for these types of properties, the conveyancing new build fees are higher than normal.