Our Radyr solicitor has spotted a discrepancy when comparing the surveyor’s assumptions in the valuation report and what is in the legal papers for the property. My lawyer says that he is duty bound to ensure that the lender is happy with this discrepancy and is still content to lend. Is my lawyer’s stance legitimate?
Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
The Radyr conveyancing solicitors that I appointed last week on my house acquisition in Radyr have without warning closed. They were on acting for me because I had to have a solicitor on the Co-operative conveyancing panel and my preferred Radyr lawyer was not. I paid them funds on account. What should be my next steps?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Co-operative conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
I note that there are debates on Chancel Insurance on online forums. Do I require this when acquiring a house in Radyr? or I am told that there is a law dating back centuries that means some owners of property residing in a parish church boundary will be compelled to contribute towards repairs towards the chancel in proximity to the church. Is this appropriate for conveyancing in Radyr?
Unless a previous purchase of the premises took place post 12 October 2013 you could take it that conveyancing practitioners handling conveyancing in Radyr to remain encouraging a chancel search and or chancel repair liability policy.
Me and my brother own a semi-detached Edwardian property in Radyr. Conveyancing solicitor acted for me and TSB. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the exact same property. Is it worth asking TSB to clarify?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Radyr and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with the conveyancing lawyer who conducted the conveyancing.
Due to the input of my in-laws I had a survey completed on a house in Radyr prior to retaining lawyers. I have been told that there is a flying freehold element to the property. Our surveyor advised that some lenders tend refuse to give a mortgage on this type of home.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Nationwide. Should you wish to call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Radyr. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Radyr to see if the conveyancing will be more expensive.
I would like to let out my leasehold flat in Radyr. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Even though your last Radyr conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you must obtain consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of first obtaining permission. The consent should not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.
Radyr Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
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Please note if it is fewer than eighty years it will have adverse implications on the marketability of the property. Check with your mortgage company that they are happy with residual term of the lease. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this would cost. For most Radyrlease extensions you would be required to have been the owner of the residence for a couple of years before you are legally able to extend the lease. Does this lease have more than 90 years left? What prohibitions exist in the Radyr Lease?