My wife and I are acquiring a brand new flat in Haddenham and my solicitor is informing me that she has to the mortgage company to disclose incentives from the developer. I am under pressure to exchange contracts and I would rather not delay matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
How up to date is your search tool for Haddenham conveyancing solicitors on the Co-operative conveyancing panel? Do Co-operative send you an updated list?
Haddenham conveyancing firms themselves provide us confirmation that they are on the Co-operative conveyancing panel as opposed to being supplied with a list from Co-operative directly.
I am helping my sister sell her flat in Haddenham. Will the solicitor arrange the energy performance certificate or it is for the seller to see to?
After the abolition of Home Packs, EPC’s was kept a mandatory part of selling a house. An energy performance certificate needs to be commissioned before the property is advertised. It is not something that solicitors ordinarily organise. If you are using a Haddenham conveyancing lawyer they might be willing to arrange EPC’s given their relationships with long established Haddenham energy assessors
I am the sole beneficiary of my late father’s estate and I have everything in my name now, including the house in Haddenham. Conveyancing formalities meant that the Land Registry date was in February. I plan to dispose of the property. I do know about the Mortgage Lenders six month 'rule', which means that my property ownership will be considered the same way as though I had purchased the property in February. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How sensible a view mortgage companies take of it, depend on the lender as this obligation primarily exists to capture the purchase and immediately sell or the flipping of properties.
We have agreed to purchase a house in Haddenham. A rare aspect is that the roof has a solar panel. Virgin Money have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Virgin Money your lawyer must check the formal requirements contained in Section two of UK Finance Lenders’ Handbook for Virgin Money. The CML Handbook stipulates minimum conditions for solar panel roof-space leases, and lawyers are required to report to Virgin Money where a lease does not meet these requirements. The provisions relate to the installation of panels on properties countrywide and is not isolated to Haddenham.
The estate agent has sent us the confirmation of our purchase of a new build flat in Haddenham. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Haddenham
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please confirm the Lease plans are architect prepared.
I have recently realised that I have 68 years remaining on my flat in Haddenham. I now want to get lease extension but my landlord is missing. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the lessor. On the whole an enquiry agent may be useful to try and locate and to produce a report which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Haddenham.
I am the registered owner of a studio flat in Haddenham, conveyancing having been completed half a dozen years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Haddenham with an extended lease are worth £265,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease ceases on 21st October 2098
With just 75 years unexpired we estimate the premium for your lease extension to range between £8,600 and £9,800 as well as professional fees.
The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure in the absence of detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not take any other action based on this information before getting professional advice.
I am an executor of my recently deceased mum’s Will, with a house in Haddenham which will be sold. The house has never been registered at HMLR and I'm told that many EAs will insist that it is in place before they'll move forward. What's the procedure for this?
In the situation that you have set out it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.