My wife and I are looking to buy a house in Oxfordshire and have appointed a Oxfordshire conveyancing firm. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Clydesdale have this morning contacted us to advise us that there is now an issue as our Oxfordshire lawyer is not on their conveyancing panel. Please explain?
Where you are buying a property with the assistance of a mortgage it is conventional for the purchasers' solicitors to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Oxfordshire solicitors, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
I note that there are debates on Chancel Insurance on online forums. Do I require chancel insurance when purchasing a property in Oxfordshire? or Apparently there is historic law that means some owners of property living in a parish church boundary will be compelled to contribute towards maintenance towards the chancel within the church. Is this appropriate for conveyancing in Oxfordshire?
Unless a prior acquisition of the house took place after 12 October 2013 you could expect solicitors handling conveyancing in Oxfordshire to continue to suggest a chancel search and or chancel repair liability policy.
I used Wolstenholmes several years ago for my conveyancing in Oxfordshire. Now, I need my files however cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Oxfordshire of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Over the last few months I have been searching for a ground for flat up to £235,500 and found one near me in Oxfordshire I like with open areas and railway links nearby, the downside is that it only has 49 years on the lease. There is not much else in Oxfordshire suitable, so just wondered if I would be making a grave error acquiring a short lease?
If you require a mortgage that many years will likely be problematic. Discount the offer by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the property for a minimum of 2 years you can ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this matter.
We expect to complete our sale of a £125,000 maisonette in Oxfordshire in 10 days. The managing agents has quoted £300 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Oxfordshire?
Oxfordshire conveyancing on leasehold apartments usually results in fees being raised by landlords agents :
-
Answering conveyancing due diligence questions
Where consent is required before sale in Oxfordshire
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Oxfordshire Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing
-
The prefered form of lease arrangement is where the freehold title is owned by the leaseholders. In this arrangement the lessees benefit from being in charge if their destiny and although a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. This information is useful as a) areas may result in problems for the building as the common areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to know about it
We have AIP from Accord Mortgages Ltd who suggested we could borrow up to £350k. At what point do I need to instruct a solicitor for conveyancing? Oxfordshire is where we plan to move to.
It would be wise to instruct a conveyancer now requesting that they generate a file on your behalf. This will trigger: 1) the selling agent to send out the Sales Memo to all parties 2) the seller’s solicitor to submit the draft agreement. However, do not ask your solicitor to start searches until you have your valuation report from Accord Mortgages Ltd and you are willing to move forward.