It has come to my attention via my mortgage broker that my Miskin solicitor is not on the mortgage company Solicitor panel. How can I check?
Your first step should be to contact your Miskin conveyancer. It is reasonable to expect your lawyer to notify you of the situation. If they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your lender.
When reviewing consumer advice sites for a conveyancing solicitor in Miskin, most comment that I should look for a CQS kitemarked solicitor. Can you explain what CQS is?
Miskin Conveyancing Quality Scheme law firms have obtained accreditation under the Law Society's Scheme (CQS) The Law Society established CQS to establish evidence of quality standards in the in the legal transfer of properties. CQS helps buyers and sellers to recognise practices that provide a quality residential conveyancing. Miskin is one of the many areas in England and Wales in which CQS have offices. The conveyancing scheme obliges law firms to undergo a strict assessment, compulsory training, self-certification, spot checks and yearly assessments in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders.
Various internet forums that I have frequented warn that are a common reason for stalling in Miskin conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances in the conveyancing process. Local searches are unlikely to be the root cause of holding up conveyancing in Miskin.
In what way does the Landlord & Tenant Act 1954 impact my commercial premises in Miskin and how can your lawyers assist?
The 1954 Act gives security of tenure to commercial lessees, granting the dueness to apply to court for a renewal lease and remain in occupation at the end of the lease term. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and assist with commercial conveyancing in Miskin
I am employed by a long established estate agent office in Miskin where we have witnessed a few flat sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Miskin conveyancing solicitors. Can you confirm whether the seller of a flat can initiate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease 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. This means that the buyer 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 needs to be completed prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 buyer.
Miskin Leasehold Conveyancing - Sample of Questions you should consider before buying
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How many of the leaseholders are in arrears for their service charge payments? Does the lease have onerous restrictions? How many years remain on the lease?
Is there a reason that Miskin conveyancing fees are more expensive for leasehold and freehold properties?
Leasehold conveyancing in Miskin will often involve additional work for instance investigating the lease, communicating with the landlord, obtaining up to date rent receipts, landlord’s consents, management company’s accounts amongst other tasks.