Would the conveyancing lawyers via your comparison service carry out conveyancing in Highbury by way of an attended exchange?
There are a few conveyancing experts carrying out one day exchanges. Please contact us to obtain a costs illustration and details as to availability.
My home in Highbury is up for sale and I have a purchaser. Does my conveyancing practitioner need to be on the Coventry BS conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Coventry BS conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently in recent years.
I am assisting my aunt sell her property in Highbury. Will the solicitor commission an energy assessment or should I organise this?
After the abolition of HIPs, EPC’s was left as a compulsory part of moving property. An energy performance certificate needs to be commissioned in advance of the property being advertised. It is not something that lawyers normally organise. If you are instructing a Highbury conveyancing lawyer they might help arrange energy assessments due to their contacts with reputable Highbury energy assessors
I have decided to exercise my right to buy my property in Highbury off the council. I have a mortgage offer with UBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Highbury bank branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My Highbury conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their specific requirements. I simply don't know who is right.
The lawyer must follow the CML Handbook Part 2 requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Highbury is the location of the property. What do you suggest?
Flying freeholds in Highbury are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Highbury you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Highbury may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am employed by a long established estate agent office in Highbury where we have witnessed a few leasehold sales put at risk as a result of short leases. I have received contradictory information from local Highbury conveyancing solicitors. Can you clarify whether the seller of a flat can initiate the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Having spent months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Highbury. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a missing landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to make a decision on the amount due.
An example of a Lease Extension matter before the tribunal for a Highbury flat 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.
I am contemplating choosing an online conveyancer as opposed to a Highbury conveyancing firm. Any advice?
There are advantages of having the option visit a local Highbury conveyancing solicitor such as
- signing documents on short notice
- getting face-to-face explanations of things you don't understand
- the ability to complain if things go pear-shaped
When analysing fees, look carefully for hidden extras. The majority decent Highbury high street solicitors give an all-inclusive price. Many online agents seem to offer cheap prices, yet have burried 'extras' in the in the terms and conditions.