I am getting closer to an exchange on a flat in Hanwell and my mum and dad have transferred the exchange deposit to my lawyer. I am now informed that as the deposit has been received from someone other than me my property lawyer needs to disclose this to my bank. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I disclosed to the bank concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to be an issue?
Your conveyancing practitioner is legally required to check with lender to make sure that they know that the balance of the purchase price is not from your own funds. Your solicitor can only disclose this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
It is a dozen years since I bought my house in Hanwell. Conveyancing lawyers have just been appointed on the sale but I am unable to locate the title documents. Is this a major issue?
You need not be too concerned. First the deeds may be with your lender or they could stored with the conveyancers who acted in your purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring current official copies of the land registers. Almost all conveyancing in Hanwell involves registered property but in the rare situation where your property is unregistered it is more of a problem but is not insurmountable.
I just acquired a property at auction in Hanwell. Conveyancing is required. What are my next steps?
Having legally committed yourself to purchase you will need to retain a conveyancing practitioner soon as you now have a tight a drop dead date to complete the property. Every auction property should have a bespoke legal pack. This will include the copy title deeds, local authority and drainage searches. Where you are dealing with leasehold property the legal pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to a leasehold property. You need to hand this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
Are all Hanwell Conveyancing Quality Solicitors on the Lloyds conveyancing panel?
It is true that some lenders now use CQS as the kick off point for Panel membership such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.
I am due to exchange contracts on my apartment. I had a double glazing fitted in November 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Co-operative are being pedantic. The Hanwell solicitor who is on the Co-operative conveyancing panel is saying indemnity insurance will be fine but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
The deeds to my house are lost. The lawyers who did the conveyancing in Hanwell 4 years ago are no longer around. What are my next steps?
In today’s world there are copies made of almost everything, and your conveyancer should be aware precisely where to find all the suitable paperwork so you may buy or dispose of your house without any difficulty. If duplicates can’t be found, your solicitor may be able to put in place insurance or indemnities against possible claims on the property.
I'm buying my first flat in Hanwell with the aid of help to buy. The sellers refused to budge the price so I negotiated 6k of extras instead. The property agent told me not to tell my conveyancer about this side-deal as it could affect my mortgage with Britannia. Do I keep my lawyer in the dark?.
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.
I want to rent out my leasehold apartment in Hanwell. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Your lease dictates the relationship between the freeholder and you the flat owner; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Hanwell do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I have had difficulty in seeking a lease extension in Hanwell. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to determine the sum to be paid.
An example of a Freehold Enfranchisement decision for a Hanwell flat is 6 Jessamine Road in August 2013. The Tribunals valuation (as annexed to the decision) calculated the amount payable as £18,355 for the freehold reversion This case was in relation to 2 flats. The unexpired term was 72.39 years.