Me and my partner are purchasing a 1 bedroom flat in Pencader with a mortgage. We like our Pencader conveyancer, but the mortgage company advise she’s not on their "panel". It appears that we have little option but to use one of the bank panel solicitors or continue with our Pencader conveyancer as well as pay for one of their panel firms to represent them. We feel that this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Pencader conveyancing lawyer to apply to be on the conveyancing panel.
I have Fifty Six years left on my lease and require a lease extension for my flat in Pencader. Conveyancing solicitors on the Tesco Bank panel can deal with such extensions correct?
Most leasehold conveyancing experts should be able to deal with a lease extension. if you are obtaining a mortgage then your lender may insist that the lease be extended before competition. Tesco Bank have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 18/7/2021 the requirements read as follows :
My bid for a property was accepted at auction in Pencader. Conveyancing is required. What happens now?
Given that you are now legally bound yourself to purchase you must instruct a conveyancing practitioner quickly as you are faced with a fast approaching a drop dead date to complete the purchase. All auction property should have a bespoke auction pack. This will include the copy title deeds, local authority and drainage searches. If you have purchased leasehold premises the conveyancing papers may contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to a leasehold property. You should give this to your appointed conveyancing solicitor at the earliest opportunity. You also need to ensure that you have funds in place to complete the transaction on the set completion date.
I have paid off my mortgage with Clydesdale. I assume I don't need a Pencader conveyancing practitioner on the Clydesdale panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Clydesdale mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Clydesdale mortgage from the register. Clydesdale, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Pencader. I have a mortgage agreed with Yorkshire BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
Are there restrictive covenants that are commonly picked up during conveyancing in Pencader?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Pencader. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
In my capacity as executor for the will of my grandfather I am disposing of a residence in Swansea but I am based in Pencader. My solicitor (based 260 kilometers from mehas requested that I execute a stat dec ahead of completion. Can you recommend a conveyancing practitioner in Pencader who can witness and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are based in Pencader
What makes a Pencader lease defective?
There is nothing unique about leasehold conveyancing in Pencader. All leases are drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:
Repairing obligations to or maintain elements of the property
A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Mortgage Works, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.
I own a 2 bed flat in Pencader, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent properties in Pencader with an extended lease are worth £190,000. The ground rent is £45 invoiced every year. The lease expires on 21st October 2083
With only 62 years remaining on your lease the likely cost is going to range between £17,100 and £19,800 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.