Me and my partner are buying a 2 bedroom flat in Honor Oak with a mortgage. We like our Honor Oak conveyancer, but the mortgage company advise he's not on their "panel". We have to appoint one of the bank panel solicitors or keep our Honor Oak lawyer as well as pay for one of their panel lawyers to act for them. This feels very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you 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. Another option that might be available is for your Honor Oak conveyancing lawyer to apply to be on the conveyancing panel.
Last July we completed a house move in Honor Oak. We have noticed several problems with the property which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been conducted for conveyancing in Honor Oak?
The question is vague as to the nature of the problems and if they are unique to conveyancing in Honor Oak. Conveyancing searches and investigations initiated as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, the vendor completes a questionnaire known as a Seller’s Property Information Form. If the information provided is incorrect, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Honor Oak.
I am downsizing from our home in Honor Oak and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. Any local conveyancer would know this is not the case. For the life of me I don't know why the buyers are using an online conveyancing outfit rather than a conveyancing solicitor in Honor Oak. We have lived in Honor Oak for six years we know that this is a non issue. Should we get in touch with our local Authority to seek confirmation that there is no issue.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You should check with 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 life insurance to cover that same sickness)
The estate agent has sent us the confirmation of our purchase of a new build apartment in Honor Oak. Conveyancing is daunting 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 conveyancing.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Honor Oak
Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. 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 unsold units in good repair until long leases are granted therefore.
I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Honor Oak. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Honor Oak ?
Most houses in Honor Oak are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Honor Oak so you should seriously consider looking for a Honor Oak conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Honor Oak conveyancing firm to act on my behalf?
Absolutely. We can put you in touch with a Honor Oak conveyancing firm who can help.
An example of a Lease Extension decision for a Honor Oak flat is Flat 1 40-42 Ewelme Road in August 2012. the Tribunal assessed the premium for the lease extension in the sum of £11,800 This case affected 1 flat. The number of years remaining on the existing lease(s) was 61.81 years.
My husband and I have recently had an offer accepted on a property and had an appointment on Wednesday with Leeds Building Society for the mortgage. They warned us that when it comes to choosing a conveyancing practitioner that unless they are on their approved panel of conveyancing practitioners then we will have to pay out an extra charge of about two hundred pounds. This is because they would then have to appoint a property lawyer to act on their behalf in addition to the one we appoint on our behalf and we will be on the hook for their fees. I have requested Leeds Building Society to supply me with a list so I can request estimates only from their approved conveyancers but was told that I need to check with each individual solicitor to see if they are on the panel. Is there a simple way of finding out who is on a lender panel?
You should ask Leeds Building Society what their criteria for joining their panel is for a solicitor.Then ask the lawyer of your choice whether they meet the criteria and have they acted on loans for Leeds Building Society previously. Where the answer to those is yes, then just double check with Leeds Building Society. Alternatively please make use of our search facility and we should be able to find you a solicitor in Honor Oak on the approved list for Leeds Building Society.