Last April we completed a house move in Llanybydder. We have since encountered a number of issues with the house which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Llanybydder?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Llanybydder. Conveyancing searches and investigations initiated during the buying process are carried out to help avoid problems. As part of the process, a property owner answers a form known as a Seller’s Property Information Form. If the information ends up being misleading, 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 Llanybydder.
I am in the process of refinancing my property in Llanybydder, does my lawyer need to be on the Principality Solicitor panel?
In theory, you could use a solicitor that is not on the Principality conveyancing panel, but Principality would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
Is there a list of Clydesdale panel conveyancers in Llanybydder on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. A small selection of lenders make their panel listings open the public online. Where you are looking for a Llanybydder conveyancing practitioner on the Clydesdale please make the most of our tool.
Is it the case that all Llanybydder solicitor practices on the Santander conveyancing panel are regulated by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Santander approved list of solicitors they would need to be overseen by the SRA. Some mortgage companies do allow licenced conveyancers on their panel in which case such organisation would be regulated by the Council of Licensed Conveyancers.
I have paid off my mortgage with HSBC. I assume I don't need a Llanybydder solicitor on the HSBC panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your HSBC mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the HSBC mortgage from the register. HSBC, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a straight forward, chain free conveyancing. Llanybydder is the location of the property. Is there any guidance you can impart?
Flying freeholds in Llanybydder are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Llanybydder you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Llanybydder may ascertain 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 residence.
Last April I purchased a leasehold flat in Llanybydder. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I acquired a basement flat in Llanybydder, conveyancing formalities finalised November 1999. Can you work out an approximate cost of a lease extension? Corresponding flats in Llanybydder with over 90 years remaining are worth £201,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease ceases on 21st October 2090
You have 65 years remaining on your lease we estimate the premium for your lease extension to span between £13,300 and £15,400 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before getting professional advice.
I am an executor of my recently deceased mother’s Will, with a house in Llanybydder which will be marketed. The bungalow is unregistered at the Land Registry and I'm advised that some buyers solicitors will insist that it is completed before they will move forward. What's the procedure for this?
In the circumstances you refer to it seems sensible to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.