Can you help? My Malpas solicitor is advising me that he has toapply for Malpas conveyancing searches asthe firm are on the Santandersolicitor panel. Is this really necessary?
You have limited options available to you. Given that you are taking out a loan with a bank your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your solicitor would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Malpas conveyancing searches.
I purchased a freehold premises in Malpas but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Malpas and has limited impact for conveyancing in Malpas but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
My Solicitor in Malpas has never been on on the The Mortgage Works Solicitor Panel. Can I still use my family solicitor notwithstanding that they are not on the The Mortgage Works panel?
The limited options open to you here include:
- Carry on with your preferred Malpas lawyers but The Mortgage Works will need to instruct a lawyer on their panel. This will result in additional total conveyancing fees and cause frustration.
- Get an alternative practitioner to act in the purchase, obviously checking they are The Mortgage Works approved.
- Try to convince your The Mortgage Works solicitor to attempt to join the The Mortgage Works panel
I'm refinancing my existing house to a BTL mortgage with Britannia and intend to use the remaining equity as a deposit on a second house. The area we are looking at is Malpas. Will your conveyancers be able to act for both sets of lenders and tie in the conveyances?
Do use our comparison tool on this site to check that the lawyers are on the appropriate lender panels. On the basis that they are your lawyer will be able to connect the two deals but you should talk with you conveyancer and make clear your expectations and requirements.
In my capacity as executor for the estate of my grandfather I am selling a property in Cardiff but live in Malpas. My solicitor (based 200 kilometers awayneeds me to execute a stat dec before the transaction finalising. Can you recommend a conveyancing solicitor in Malpas to witness this legal document for me?
strictly speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will do regardless of whether they are Malpas based
When it comes to leasehold conveyancing in Malpas what are the most common lease problems?
Leasehold conveyancing in Malpas is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:
A provision for the recovery of money spent for the benefit of another party.
A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, The Royal Bank of Scotland, and Barclays Direct all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.
Malpas Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
How is the lease structured? It would be prudent to investigate if there is anything that is prohibited in the lease. For example it is fairly common in Malpas leases that pets are not allowed in certain buildings in Malpas. If you like the flatin Malpas but your cat can’t move with you then you will be presented with a difficult choice. Most Malpas leasehold apartments will have a service bill for the upkeep of the block set by the landlord. If you acquire the flat you will have to meet this contribution, usually in instalments during the year. This can vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a ground rent for you to pay yearly, ordinarily this is not a significant sum, say approximately £50-£100 but you should to check it because sometimes it could be many hundreds of pounds.