Last July we completed a house move in Sileby. We have since encountered a number of problems with the property which we consider were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been conducted as part of conveyancing in Sileby?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Sileby. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a seller completes a form referred to as a SPIF. answers ends up being incorrect, you may have a misrepresentation claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Sileby.
I have paid off my mortgage with Nottingham. I assume I don't need a Sileby lawyer on the Nottingham panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nottingham 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 Nottingham mortgage from the register. Nottingham, 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 Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
I have a mortgage with TSB for my property in Sileby. Conveyancing has been completed some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform TSB?
You must advise TSB prior to letting out your property as this is likely to be a breach of TSB’s mortgage conditions. It may be that TSB will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact TSB directly. You need not do this via a TSB conveyancing panel lawyer.
Completion of my purchase has taken place for my property in Sileby. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Almost all banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. We understand that complaints to a lender are resolved very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
My wife and I purchased a 4 bedroom Victorian house in Sileby. Conveyancing practitioner represented me and Santander. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to review 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 Sileby and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with your conveyancing practitioner who conducted the conveyancing.
Just had an offer accepted on a new build flat in Sileby. Conveyancing is a frightening process 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 are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Sileby
Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. There must be mutual enforceability of lessee’s covenants. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Due to the input of my in-laws I had a survey completed on a property in Sileby in advance of appointing solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some lenders tend not issue a loan on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Halifax. If you call us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sileby. Conveyancing may be slightly more expensive based on your lender's requirements.
I'm remortgaging my current home to a buy to let loan with Bank of Ireland and intend to use the remaining equity as a down payment on further house. The location we are interested in is Sileby. Will your conveyancers be able to act for the two lenders and link together the two deals?
Make use of our comparison tool on this site to ensure that the solicitors are on the appropriate lender panels. Assuming that they are the solicitor will be able to connect the two deals but you should have a chat with you conveyancer and make clear your desired outcome and needs.