Can you clarify what the consequences are if my lawyer’s firm is expelled from the Yorkshire BS Solicitor panel ahead of completing my conveyancing in Highbury?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Just acquired a terraced house in Highbury , how long will it take for the Land Registry to record my proprietorship? My Highbury conveyancing solicitor has been painfully slow, so I want to be sure the registration is concluded.
There is nothing unique when it comes to conveyancing in Highbury registration formalities. Rather than based on location, timeframes can adjust depending on the party submitting the application, whether there are errors and if the Land registry must send notices to any interested persons or bodies. Currently approximately three quarters of submission are completed within two weeks but some can be subject to longer hold-ups. Historically registration is effected once the buyer is living at the premises so 'speed' is not typically an essential issue yet where there is a degree of urgency associated with the registration then you or your conveyancer must communicate with the Registry to express the reasoning for the application to be prioritised.
I'm buying a new build house in Highbury with a mortgage from Bank of Scotland. The builders refused to reduce the price so I negotiated £7000 of fixtures and fittings instead. The sale representative suggested that I not to tell my solicitor about this side-deal as it will affect my loan with Bank of Scotland. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder 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.
As co-executor for the will of my uncle I am disposing of a residence in Swansea but live in Highbury. My solicitor (based 200 miles from mehas requested that I sign a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing practitioner in Highbury who can witness this legal document for me?
Technically speaking you should not be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will suffice regardless of whether they are Highbury based
I wish to rent out my leasehold flat in Highbury. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Even though your last Highbury conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you must obtain consent from your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Highbury conveyancing firm to assist?
if there is a missing freeholder or where there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the LVT to judgment on the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Highbury property is Lower Flat 16A Beatty Road in September 2012. The premium payable was £13,577. The terms of the lease has been agreed between the Applicants and the First Respondent and the Tribunal did not seek to disturb that agreement. This case was in relation to 1 flat.
Is it true that a Highbury conveyancing practice taken to court by a client for failing to conduct the right conveyancing searches?
Our attention has not be brought to such a Highbury conveyancing claim but according to a recent report, a couple buying a house in Cumbria successfully sued their solicitor as a consequence of development permission to build a wind farm not being identified in conveyancing searches.
Where you are purchasing in Highbury It is critical that your property lawyer purchase all Highbury conveyancing searches needed making sure that you have accurate and up to date information ahead of purchasing a home in Highbury.