We wanted to use a conveyancing solicitor in Hockley Heath for our house move. Our financial adviser has since notified us that our mortgage lenders Alliance & Leicester won't deal with them. Surely this is unfair competition?
Lenders tend to imposes restrictions either the type or the volume of conveyancing solicitors on their member panel. Typical examples of such restriction(s) being that a firm must not be a sole practitioner. In addition to restricting the profile of firm, a few lenders have decided to limit the number of firms they use to act for them. Be aware that Alliance & Leicester have no responsibility for the quality of advice provided by any member of Alliance & Leicester Conveyancer Panel. Mortgage fraud was a key driver in the reduction of conveyancing panels a few years ago even though there are differing views concerning the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms, including some in or near Hockley Heath only perform very few conveyances a year.
I have a renovated Georgian house in Hockley Heath. Conveyancing lawyer represented me and Barclays . I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching property. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hockley Heath and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with the conveyancing practitioner who completed the work.
About to purchase a new build flat in Hockley Heath. Conveyancing is a frightening process 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 Hockley Heath
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Due to the input of my in-laws I had a survey completed on a property in Hockley Heath ahead of retaining solicitors. I have been informed that there is a flying freehold overhang to the house. The surveyor has said that some lenders tend not grant a loan on such a house.
It depends who your proposed lender is. HSBC has different requirements from Nationwide. If you contact us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hockley Heath. Conveyancing may be slightly more expensive based on your lender's requirements.
In sourcing the internet for the term on line conveyancing in Hockley Heath it shows results of many property lawyersin the vicinity. How do I determine which is the suitable solicitor for me?
The preferential way of seeking the right conveyancer is through a personal testimonial, so seek the guidance of colleagues and relatives who have bought a property in Hockley Heath or the reputable estate agent or financial adviser. Fees for conveyancing in Hockley Heath vary, so it's advisable to request at least four estimates from different law firms. Make sure that you clarify what costs in the quote includes.
I am attracted to a couple of flats in Hockley Heath both have approximately 50 years left on the lease term. Will this present a problem?
There is no doubt about it. A leasehold apartment in Hockley Heath is a wasting asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. For most purchasers and lenders, leases with less than eighty years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Hockley Heath conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Hockley Heath Leasehold Conveyancing - Examples of Queries before Purchasing
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Please tell me if there are any major works in the planning that will likely add a premium to the maintenance costs? How much is the maintenance charge and ground rent on the flat? Who are the managing agents?