My husband and I are buying a 1 bedroom flat in Helston with a mortgage. We have a Helston solicitor, but the mortgage company advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Helston solicitor and pay for one of their panel ones to represent them. This feels very unfair; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Helston conveyancing lawyer to apply to be on the conveyancing panel.
My wife and I are close to exchanging contracts on the sale of our house in Helston and according to the buyers it appears that there is a possibility that the property was constructed land that was not decontaminated. A high street Helston conveyancer would know this is not the case. For the life of me I don't know why the buyers instructed a nationwide conveyancing firm as opposed to a conveyancing solicitor in Helston. We have lived in Helston for 5 years we know that this is a non issue. Do we contact our local Authority to seek confirmation that there is no issue.
It would appear that you have a conveyancing lawyer already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
Are there restrictive covenants that are commonly identified as part of conveyancing in Helston?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Helston. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Just had an offer accepted on a new build flat in Helston. 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 enquiries that you should expect your new-build leasehold conveyancing in Helston
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
My business partner and I are hoping to lease a unit on a shopping parade. Can you recommend conveyancers offering fixed fees for commercial conveyancing in Helston for below £2000?
We can recommend firms who have an in-depth of experience of commercial conveyancing in Helston, including the disposal and acquisition of businesses as well as simply premises. Whether you are looking to purchase or sell a shop, pub, restaurant, office, retail premises or a whole business we will put you in touch with the right solicitor. Regarding the charges these will vary based on the structure and heads of terms of the proposed transaction. Please provide us with your details or phone so as to enable us to provide you with a detailed commercial conveyancing quote.
Do you have any top tips for leasehold conveyancing in Helston from the point of view of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Helston can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the purchasers’ conveyancers. Some Helston leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. You believe that you know the number of years left on your lease but it would be wise to verify this by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to where the lease term is below 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale. If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Organising a re-issued share certificate can be a time consuming process and slows down many a Helston home move. If a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.
Leasehold Conveyancing in Helston - Sample of Queries Prior to Purchasing
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The prefered form of lease arrangement is if the freehold interest is owned by the leaseholders. In this arrangement the leaseholders have control and notwithstanding that a managing agent is frequently retained where it is larger than a house conversion, the managing agent is directed by the tenants. The majority of Helston leasehold flats will have a service charge for the upkeep of the block invoiced by the management company. If you purchase the flat you will have to pay this liability, usually periodically during the year. This may differ from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a ground rent for you to pay yearly, this is usually not a large sum, say approximately £50-£100 but you should to check it because sometimes it could be surprisingly expensive. Does this lease have in excess of 80 years remaining?