My conveyancer has identified a defect with the lease for the flat we are purchasing in Gloucester. The other side have offered title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancer has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the lender?
Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. The appropriate lender conditions must be adhered to.
I own a freehold property in Gloucester but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Gloucester and has limited impact for conveyancing in Gloucester but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
Do I have to have a meeting at the offices of the solicitor to sign the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Gloucester so that I can pop in to their offices if necessary.
Nowadays conveyancing panel lawyers for lenders carry out the vast majority of communications via the post, e-mail or over the phone. This enables them to carry out the legal work for your home move regardless of where you live in the country. That being said you can check if you have the option of visiting the offices of your conveyancing lawyer if needed.
What is your number one tip for finding a conveyancing solicitor in Gloucester
It would be unwise to be seduced by the lowest Gloucester conveyancing quote. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
I have been advised by my conveyancer that chancel insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Gloucester?
The appropriate level of chancel indemnity insurance depends on your lender. It would differ for example between Nationwide Building Society and The Royal Bank of Scotland. Conveyancing practitioners as opposed to members of the public take out such insurances.
I currently have a mortgage with Co-operative for my property in Gloucester. Conveyancing was finalised a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Co-operative?
Your original mortgage agreement with Co-operative will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Co-operative’s mortgage conditions. It may be that Co-operative will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Co-operative directly. It should not be necessary to do this via a Co-operative conveyancing panel lawyer.
I am buying my first flat in Gloucester with the aid of help to buy. The sellers refused to reduce the price so I negotiated five thousand pounds worth of additionals instead. The property agent advised me not reveal to my conveyancer about the deal as it will jeopardize my mortgage with Birmingham Midshires. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the input of my in-laws I had a survey completed on a house in Gloucester before retaining conveyancers. I have been advised that there is a flying freehold aspect to the house. The surveyor advised that some banks may refuse to grant a loan on such a property.
It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. If you e-mail us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Gloucester. Conveyancing may be slightly more expensive based on your lender's requirements.