Our solicitor has discovered a a legal deficiency with the lease for the flat we are purchasing in Hengoed. The other side have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor has advised that he must check that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
My wife and I have recently appointed a conveyancing solicitor in Hengoed. I I am struggling to find out if they are accepted on the Nottingham Building Society conveyancing panel. Can you help?
You should e-mail the conveyancer and ask them whether they are on the lender panel. Otherwise you can get in touch with Nottingham Building Society who may be able to assist.
Despite weeks of looking the Title Certificate and documents to my property can not be found. The solicitors who did the conveyancing in Hengoed 10 years ago have long since closed. What do I do?
You no longer need to have the physical original deeds to prove you own the land or property, as the Land Registry hold details of all registered land or property electronically.
Just had an offer accepted on a new build flat in Hengoed. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Hengoed
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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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
Due to the advice of my in-laws I had a survey completed on a house in Hengoed ahead of instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some banks tend refuse to grant a loan on a flying freehold property.
It depends who your proposed lender is. Lloyds has different instructions from Halifax. If you e-mail us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Hengoed. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hengoed to see if the conveyancing will be more expensive.
Helen (my wife) and I may need to sub-let our Hengoed ground floor flat temporarily due to a career opportunity. We used a Hengoed conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Hengoed do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Hengoed Leasehold Conveyancing - Sample of Queries Prior to Purchasing
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On the whole the cost for major works tend not to be built into the service charges, albeit that a few managing agents in Hengoed require leaseholders to contribute towards a reserve fund created for the specific intention of building a fund for major works. What is the maintenance charge and ground rent on the apartment? How is the lease structured?