Our conveyancer has discovered a a legal deficiency with the lease for the property we are buying in Mobberley. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer has advised that he must ensure that the mortgage company is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
Why is leasehold purchase conveyancing in Mobberley costs more?
Mobberley leasehold conveyancing transactions usually involve additional investigations than freeholds including investigating the Lease, liaising with the Landlord such as serving applicable notices on the Landlord or managing agent, obtaining up-to-date service charge and management information, obtaining Landlord’s consents and reviewing management accounts and formation documents.
My wife and I purchased a renovated Victorian property in Mobberley. Conveyancing practitioner acted for me and Barclays . I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold under the exact same property. I'd like to know for sure, how can I find out??
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Mobberley and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing solicitor who conducted the purchase.
I am buying a new build apartment in Mobberley. 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 are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Mobberley
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Please supply a car parking plan. 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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Is there anything unique about your site and alternative online quote calculators when it comes to conveyancing in Mobberley?
At this site get a conveyancing costs illustration from a Solicitor or Licensed Conveyancer that understands the nuances of your conveyancing in Mobberley. Unlike many estate agents and many comparison sites we do not operate kick-back arrangements with solicitors. A large number of agents and online brokers 'recommend' solicitors who pay the most kickback, as opposed to the best value conveyancing in Mobberley
Do you have any advice for leasehold conveyancing in Mobberley with the purpose of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Mobberley can be bypassed where you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the buyers’ conveyancers. If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Obtaining a duplicate share certificate can be a time consuming process and slows down many a Mobberley home move. Where a new share certificate is necessary, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity. A minority of Mobberley leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Mobberley state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord approving such works. Where you fail to have the approvals in place do not communicate with the landlord without checking with your lawyer first.
Leasehold Conveyancing in Mobberley - A selection of Questions you should ask Prior to Purchasing
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If a Mobberley lease has less than 80 years it will affect the salability of the apartment. Check with your lender that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth discovering what this will be. For most Mobberleylease extensions you will be be obliged to have owned the property for a couple of years in order to be legally able to exercise a lease extension. The answer will be important as a) areas could result in problems in the building as the communal areas may start to deteriorate where maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to know about it Are there any major works on the horizon that will increase the maintenance charges?