I am purchasing a property without a mortgage in Mortlake. I have resided for the previous Seventeen years in Mortlake. Conveyancing searches are expensive. As I know the area and road very well should I not bother getting the solicitor to do all the conveyancing searches?
Provided that you do not need a home loan, then the vast majority of the Mortlake conveyancing searches are at your discretion. Your lawyer will try and steer you, perhaps strongly, that you should have searches carried out, but he is duty bound to take that path of advice. One thing to take into account; if you are intend to sell the house one day, it will be of interest to your prospective purchaser what the searches disclose. Sometimes properties with functional issues can still reveal unfavourable search results. A good conveyancing solicitor in Mortlake will provide you some constructive advice here.
I am purchasing a property in Mortlake. A rare aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is RBS your lawyer must check the conveyancing requirements contained in Part two of UK Finance Lenders’ Handbook for RBS. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and conveyancers are required to report to RBS where a lease does not meet these conditions. The provisions relate to the installation of panels on properties nationwide and is not limited to Mortlake.
We were going to get a AIP from Santander this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Santander recommend any Mortlake solicitors on the Santander conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Mortlake solicitors independently although you'll need to choose one on the Santander conveyancing panel. The solicitor represents both you and Santander through the process.
After much negotiation I have agreed a price on a house in Mortlake. My financial adviser suggested a lawyer. I paid an advanced payment of £175. Shortly after, the conveyancer contacted me embarrassingly acknowledging that they were not on the Virgin Money conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Virgin Money panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Various online forums that I have visited warn that are a common cause of delay in Mortlake conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the findings of a review by MoveWithUs that conveyancing searches do not figure within the top 10 causes of delays during the legal transfer of property. Local searches are unlikely to feature in any delay in conveyancing in Mortlake.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The solicitors who dealt with the conveyancing in Mortlake 5 years ago no longer exist. Will I be able to sell the house?
In today’s world there are duplicates made of almost everything, and your conveyancer will be aware exactly where to look for all the relevant paperwork so you may buy or dispose of your house without any difficulty. If copies can’t be found, your lawyer may be able to arrange cover in the form of insurance or indemnities protecting you against possible claims on your premises.
I opted to have a survey done on a house in Mortlake ahead of retaining solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor advised that some mortgage companies tend not issue a mortgage on a flying freehold premises.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Mortlake. Conveyancing may be slightly more expensive based on your lender's requirements.
Last January I purchased a leasehold flat in Mortlake. Do I have any liability for service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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 have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Mortlake conveyancing firm to act on my behalf?
You certainly can. We can put you in touch with a Mortlake conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Mortlake property is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case was in relation to 3 flats. The remaining number of years on the lease was 66.25 years.