In what way does my ID and proof of funds have anything to do with my conveyancing in Sandhurst? Why is this being asked of me?
Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to check the identity of the person or body they are dealing with before they can accept their conveyancing retainer. The Terms and Conditions that you need to sign will no doubt reaffirm this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. If you are unwilling to hand over ID verification documents, your solicitor would not be able to act for you.
My bid for a property was accepted at auction in Sandhurst. Conveyancing is required. What is next?
Now that you have legally committed yourself to purchase you will need to instruct a conveyancing lawyer soon as you now have a pending deadline in which to complete the purchase. Every auction property should have a bespoke legal pack. This should include evidence of title and search results. If you have purchased leasehold premises the legal pack should include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to leasehold premises. You must pass this on to the solicitor working for you as soon as possible. Do make sure that you have funds in order to complete the transaction on the set completion date.
It is unclear whether my mortgage offer requires a lease extension. I have telephoned my Sandhurst building society branch on numerous occasions and was told it wasn't an issue and they would lend. My Sandhurst conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
As long as the conveyancer is on the lender approved list, she or he must adhere to the CML Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
At last I have had an offer on an apartment in Sandhurst agreed to, the vendors do however have a tied purchase. The owners have offered on on an apartment, however it’s not been accepted yet, and are looking at other properties in the pipeline. I have selected a bricks and mortar conveyancing solicitor in Sandhurst. What do I do now? When should I get the mortgage application with HSBC going?
It is understandable to have concerns where there is a chain as you are unlikely to want to incur costs prematurely (mortgage application is approx £1k, then survey, Sandhurst conveyancing search charges, etc). First, you should check that your solicitor is on the HSBC conveyancing panel. As to the subsequent phase this very much depends on the specifics of your case, desire for the property and on the state of the market. In a rising market the majority of purchasers will apply for a home loan with HSBC and pay for the valuation and only if it was satisfactory would they pay their conveyancer to move forward with searches.
Various internet forums that I have frequented warn that are the primary reason for obstruction in Sandhurst conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not feature amongst the most frequent causes of delays during the legal transfer of property. Searches are not likely to be the root cause of holding up conveyancing in Sandhurst.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Sandhurst. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Sandhurst
-
The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. There must be mutual enforceability of lessee’s covenants. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
My fiance and I may need to let out our Sandhurst basement flat temporarily due to a career opportunity. We instructed a Sandhurst conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
A small minority of properties in Sandhurst do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
Leasehold Conveyancing in Sandhurst - A selection of Queries before Purchasing
-
On the whole the outlay for major works tend not to be included within service charges, although there some managing agents in Sandhurst require leaseholders to pay into a reserve fund and this is used to offset against major works. Be sure to investigate if the the lease contains any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in in a block in Sandhurst. If you love the propertyin Sandhurst however your dog can’t live with you then you will be faced difficult determination. Does the lease have onerous restrictions?
Is it the case that all Sandhurst conveyancers on every bank conveyancing panel?
The Lexsure search tool on this page may be of use or you can go into your local lender branch in Sandhurst. Chances are that they will be in a position to suggest some reputable conveyancing solicitors in Sandhurst