Completed the sale of my flat in Miles Platting last August yet the purchaser is e-mailing every few hours to moan that her lawyer is waiting to hear from myconveyancer. What are the post completion sale formalities now that I have sold?
Following your sale your solicitor is duty bound to send the transfer deeds and all supplemental paperwork to the buyer’s solicitors. Depending on the transaction, your lawyer should also confirm that the legal charge in favour of the lender has been redeemed to the buyers solicitors. There is unlikely to be post completion formalities peculiar conveyancing in Miles Platting.
I am buying a new build flat in Miles Platting. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Miles Platting you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Miles Platting.
Is it the case that all Miles Platting conveyancing solicitors on the Santander conveyancing panel are governed by the SRA?
As solicitors, in order to be on the Santander approved list of solicitors they would need to be governed by the SRA. Many banks do list licenced conveyancers on their panel in which case such firms would be overseen by the CLC.
We had chosen solicitors with offices in Miles Platting on the Aldermore solicitor panel. They are now charging me an additional amount for the legal aspects of the Aldermore mortgage. Is this an additional conveyancing fee specified by Aldermore?
As unfair as it may seem, as long as it’s in their Terms and Conditions or Quote then yes your solicitor is entitled to charge a fee for this. The fee is not dictated by Aldermore but by your Miles Platting solicitor. Some firms on the Aldermore panel will quote ’dealing with mortgage’ fee and others do not.
It is not clear whether my bank requires a lease extension. I have called into my local Miles Platting building society branch on a couple of occasions and was informed it wasn't an issue and they would lend. My Miles Platting conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Provided that the conveyancing practitioner is on the mortgage company approved list, they must adhere to the CML Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
The estate agent has sent us the confirmation of our purchase of a new build flat in Miles Platting. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Miles Platting
There must be mutual enforceability of lessee’s covenants. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. 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.
What advice can you give us when it comes to appointing a Miles Platting conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Miles Platting conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with several firms including non Miles Platting conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be of use:
How familiar is the practice with lease extension legislation?
I am the registered owner of a basement flat in Miles Platting, conveyancing was carried out 4 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Miles Platting with over 90 years remaining are worth £195,000. The ground rent is £45 yearly. The lease ceases on 21st October 2084
With just 63 years left to run we estimate the price of your lease extension to range between £16,200 and £18,600 plus professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.
My cousin is buying a basement flat in Miles Platting. He was given a quote by the lawyer suggested by the estate agents and it came to £1385 . It was 7 years ago since I sold and purchased a home and it cost was £600. Have charges really escalated to that extent?
What does the conveyancing estimate include? Is it just for the legal fees, or what you will be paying in total (for example Miles Platting searches, land registry fees, etc)