We selected a high street lawyer for my conveyancing in Ham recently. After carefully reading the Ts and Cs I seewe are on the hook for costs even if the dealdoes not happen. Should I ditch them and select an on-line solicitor practice advertising no move no charge conveyancing in Ham?
Generally there is a concession along the lines that if "No Completion No Fee" is offered then the conveyancing charges will generally be higher to counteract those conveyances that do not go ahead. Please beware that such promotions tend not to protect you from expenses for example Ham conveyancing search costs.
Completed the sale of my flat in Ham last May yet the purchaser is Skype messaging me complaining that his conveyancer needs to hear from mine. What should have happened following completion?
Following your house sale your conveyancer should send the transfer documentation and all supplemental paperwork to the buyer’s lawyers. Depending on the transaction, your conveyancer should also evidence that the mortgage has been repaid to the buyers lawyers. There is unlikely to be post completion formalities unique to conveyancing in Ham.
I happen to be the sole recipient of my late father’s will and I have everything in my name alone, including the my former home in Ham. The Ham property was put into my name in June. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', meaning my proprietorship may be regarded the same way as though I had purchased the property in June. Do I have to wait half a year to sell?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be affected by that. How practical a view mortgage companies take of it, depend on the bank as this clause is principally there to identify the purchase and immediately sell or the wholesaling and assigning of properties.
I have paid off my mortgage with Lloyds. I assume I don't need a Ham lawyer on the Lloyds panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
TSB have agreed my home loan in principle, my offer on a flat in Ham has been agreed to, what are the next steps?
Your estate agent will want to know who your solicitors are (ensure that the conveyancers are on the bank’s panel). Call up TSB or your financial adviser and finalise any relevant paperwork. TSB will instruct a valuer who will get in touch with the estate agent or seller to arrange a time for the valuation to take place. Once conducted (assuming no problems) it takes about ten days to receive the mortgage offer. TSB will send the offer to you and your solicitors. The legal work will then take it’s course according the nature and complexity of the conveyancing in Ham.
I decided to have a survey done on a house in Ham prior to appointing solicitors. I have been informed that there is a flying freehold element to the house. The surveyor has said that some lenders tend not issue a mortgage on this type of house.
It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can check with 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 Ham. Conveyancing will be smoother if you use a solicitor in Ham especially if they are accustomed to such properties in Ham.
Last February I purchased a leasehold house in Ham. Do I have any liability for service charges for periods before completion of my purchase?
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).
After years of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Ham. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a absentee freeholder or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to determine the amount due.
An example of a Lease Extension case for a Ham premises is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.
How easy is it to change a solicitor as I need to find a Ham based one who is on the bank conveyancing panel. Is it advisable to appoint a new law firm?
In the event that you have not formally instructed a conveyancer to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Ham that you're considering.