Can you help? My New Malden conveyancer is informing me me that he is legally obliged toorder New Malden conveyancing searches due to the fact thatthe firm are on the Lloydsconveyancing panel. Do I not have any say here?
Unfortunately both you and your lawyer have little choice here. 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 property lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out New Malden conveyancing searches.
I am buying a right to buy a flat in New Malden. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in New Malden 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 New Malden.
I opted to have a survey carried out on a property in New Malden prior to retaining solicitors. I have been told that there is a flying freehold aspect to the house. Our surveyor has said that some banks will refuse to grant a mortgage on a flying freehold property.
It depends who your proposed lender is. Lloyds has different requirements from Birmingham Midshires. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in New Malden. Conveyancing will be smoother if you use a solicitor in New Malden especially if they are acquainted with such properties in New Malden.
I am thinking of appointing a conveyancing practitioner in New Malden for my remortgage. Is it possible to check a solicitor's record with the profession’s regulator?
You may review published Solicitor Regulator Association (SRA) determinations arising from investigations started on or after 1 January 2008. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The regulator sometimes monitor call for training reasons.
Can you provide any top tips for leasehold conveyancing in New Malden with the purpose of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in New Malden can be avoided where you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers’ representatives. If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Obtaining a re-issued share certificate can be a time consuming formality and frustrates many a New Malden home move. If a new share certificate is needed, you should approach the company officers or managing agents (if relevant) for this sooner rather than later. If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled. A minority of New Malden leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
I have given up negotiating a lease extension in New Malden. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a missing landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the sum to be paid.
An example of a Lease Extension decision for a New Malden property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.
A licensed conveyancer acted on my conveyancing in New Malden half a dozen years past having archived my registration documents but has now closed – What can I do to retreive these?
Title deeds, as such, are no longer appropriate for the majority of homes in New Malden are recorded digitally at Land Registry. Should you need to establish evidence of proprietorship or are disposing of or refinancing your solicitor should obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to firstname.lastname@example.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.