The Hythe conveyancing firm handling our Hythe conveyancing has identified a discrepancy when comparing the assumptions in the home valuation survey and what is in the legal papers for the property. My lawyer has advised that he must check that the lender is OK with this discrepancy and is content to go ahead. Is my lawyer’s approach legitimate?
Your conveyancer must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Can your site be used to find a Conveyancing solicitor in Hythe even where I’m not purchasing or disposing of a house, for instance if I intend to buy an office in Hythe with a loan from HSBC Bank?
Our search tool is mainly there to get a quote from residential conveyancing solicitors in Hythe but we have listed towards the end of this page a selection of Hythe commercial conveyancing firms. You will need to speak with the solicitors directly to check if they are also authorised to represent HSBC Bank
is it true that all Hythe solicitor practices on the Clydesdale conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the Solicitors Regulatory Authority. Many banks do list licenced conveyancers on their panel and in such a situation the firms would be regulated by the Council of Licensed Conveyancers.
I have decided to exercise my right to buy my property in Hythe off the council. I have a mortgage offer with Co-operative. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
I have a mortgage with Kent Reliance for my property in Hythe. Conveyancing has been completed a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Kent Reliance?
You must advise Kent Reliance before letting out your property as this is likely to be a breach of Kent Reliance’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Kent Reliance directly. You need not do this via a Kent Reliance conveyancing panel firm.
How does conveyancing in Hythe differ for new build properties?
Most buyers of new build premises in Hythe contact us having been asked by the developer to sign contracts and commit to the purchase even before the property is ready to move into. This is because new home sellers in Hythe tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Hythe or who has acted in the same development.
I opted to have a survey completed on a property in Hythe in advance of retaining solicitors. I have been told that there is a flying freehold element to the property. Our surveyor advised that some banks will not issue a loan on such a property.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Halifax. Should you wish to call us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hythe. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a negotiator for a long established estate agency in Hythe where we have experienced a number of leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Hythe conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can start the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
An alternative approach is 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.
Hythe Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
If a Hythe lease has fewer than 80 years it will affect the marketability of the property. Check with your mortgage company that they are content with residual term of the lease. A short lease means that you will most likely need a lease extension at some point and it is worth finding out what this will be. For most Hythelease extensions you will be required to have been the owner of the premises for two years before you are entitled to carry out a lease extension. How many of the leaseholders are in arrears for their maintenance charge payments? Is anyone aware of any major works on the horizon that will increase the service fees?