Am I correct in assuming that the fact that my solicitor in Plaistow is not on my mortgage company's solicitor panel that there is a problem with the quality of his conveyancing?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Plaistow conveyancing practice and ask them why they are no longer on the approved list for your lender.
My conveyancer has informed me that lack of building regulations insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Plaistow?
The right level of lack of building regulations indemnity insurance depends on who your lender is. It would differ for example between Halifax and Chelsea Building Society. Conveyancing practitioners as opposed to members of the public take out such policies.
Is it the case that all Plaistow CQS (Conveyancing Quality Scheme) solicitors are on the Nottingham conveyancing panel?
Some major lenders now make use of the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.
After shopping around on the internet I have found a Plaistow solicitor having checked that they are on the Skipton conveyancing panel. Does my lawyer arrange the survey of the property?
Skipton will need an independent valuation of the property. Your lawyer will not arrange this. Usually Skipton will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Plaistow surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Plaistow. Conveyancing is daunting 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 conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Plaistow
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. 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.
I have been recommended by a number of selling agents in Plaistow to select a conveyancer on your site. Is there a financial incentive for Estate Agents to market your site over a competitor’s?
We don’t give any referral fee for sending work our way. We thought it would be too underhand to pay a commission because home movers will think, ‘How come the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
Do you have any advice for leasehold conveyancing in Plaistow with the purpose of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Plaistow can be avoided where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ solicitors. A minority of Plaistow leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet 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 buyers or their lawyers. If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Plaistow leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such changes. Where you fail to have the paperwork to hand do not contact the landlord without contacting your conveyancer first. If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a replacement share certificate is often a lengthy formality and frustrates many a Plaistow home move. If a reissued share is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible. If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
After years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Plaistow. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to determine the sum to be paid.
An example of a Freehold Enfranchisement case for a Plaistow premises is Ravensbourne Lodge 4 Highland Road in February 2013. the Tribunal held that the amount payable for the freehold was £22,268
My partner and I hope to acquire our first property in Plaistow. Conveyancing practitioner already instructed. The broker suggested that a survey is not appropriate as the house was only constructed 16 yrs ago.
You would be well advised to have a Home Buyer's Report. Given the residence is over ten years old the property will not benefit from a warranty, so you would be well advised not to take a risk. Where a property of this age shows no signs of defects a Home Buyer's report could be enough. The report should highlight any obvious problems and suggest additional investigation if relevant. If there are any indications of problems get a full Building Survey from the beginning.