My fiance and I swapping mortgage lender for our flat in Scunthorpe with Santander. We have a son 19 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Santander conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) Does our son by signing this compromise his entitlement to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Santander. This is solely used to protect Santander if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Santander had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
My husband and I have organised a further advance on our home loan from Barclays as we wish to carry out alterations to our home in Scunthorpe. Do we need to select a local Scunthorpe solicitor on the Barclays conveyancing panel to handle the paperwork?
Barclays would not normally instruct firms on their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Barclays list.
I'm at the point of viewing flats in Scunthorpe and I am now considering a potential offer. Should I already have a lawyer appointed at this point? I intend to finance via a mortgage with RBS.
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on to the estate agent. Given that you are getting a mortgage with RBS, ask your prospective lawyers if they are on the RBS conveyancing panel otherwise they can't do the mortgage legal work.
I am currently in the process of buying my council flat in Scunthorpe. I have a mortgage agreed with Santander. Conveyancing is new to me. 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 Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
My partner and I are selling our home in Scunthorpe and according to the buyers it appears that there is a risk of it being built on contaminated land. Any local lawyer would know this is not the case. It does beg the question why the buyers used a national conveyancing firm rather than a conveyancing solicitor in Scunthorpe. We have lived in Scunthorpe for six years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
About to purchase a new build flat in Scunthorpe. Conveyancing is necessary evil 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.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Scunthorpe
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
What does commercial conveyancing in Scunthorpe cover?
Scunthorpe conveyancing for business premises covers a wide array of advice, offered by regulated solicitors, relating to business premises. For example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of tenancies.
I work for a long established estate agent office in Scunthorpe where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given inconsistent advice from local Scunthorpe conveyancing firms. Please can you clarify whether the owner of a flat can initiate the lease extension process for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Scunthorpe Leasehold Conveyancing - A selection of Queries before buying
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Be sure to enquire if the the lease includes any unreasonable restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Scunthorpe. If you love the apartmentin Scunthorpe however your dog is not allowed to live with you then you have a very hard choice. The answer will be useful as a) areas may cause problems for the building as the common areas may begin to deteriorate if maintenance are not paid for b) if the tenants have an issue with the running of the building you will want to know about it On the whole the cost for major works tend not to be wrapped into the service charges, although some managing agents in Scunthorpe obliged tenants to pay into a sinking fund created for the specific purpose of establishing a fund for larger works.