What does my ID and proof of funds have anything to do with my conveyancing in St James? Is this really necessary?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the ID of the potential client they are dealing with before they can accept their conveyancing business. The Terms of Engagement that you need to sign will no doubt reaffirm this. Your lender will also require certain documents to be viewed. If you are unwilling to supply ID verification documents, your conveyancer would not be able to act for you.
I am assisting my aunt sell her flat in St James. Will the conveyancer arrange an EPC or do I organise this?
Following the abolition of Home Packs, energy performance certificates was kept a required part of moving house. An energy performance certificate must be commissioned before the property is advertised. It is not as aspect of the sale process that conveyancers normally organise. Where you are instructing a St James conveyancing practitioner they might be able to arrange energy performance certificates due to their contacts with reputable local providers
I am expecting a OIP from Co-operative this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Co-operative recommend any St James solicitors on the Co-operative conveyancing panel, or is it better to go independently?
You will need to appoint St James solicitors independently although you'll need to choose one on the Co-operative conveyancing panel. The solicitor represents both you and Co-operative through the process.
I currently have a mortgage with Coventry BS for my property in St James. Conveyancing has been completed months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Coventry BS?
You must advise Coventry BS prior to renting your property as this is likely to be a breach of Coventry BS’s mortgage conditions. In many cases banks or building societies 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 Coventry BS directly. You need not do this via a Coventry BS conveyancing panel solicitor.
The deeds to our property are lost. The conveyancers who dealt with the conveyancing in St James 4 years ago have long since closed. What are my next steps?
As long as you have a registered title the details of your proprietorship will be evidenced by the Land Registry with a Title Number. It is possible to execute a search at the Land Registry, identify your house and order current copies of the property title for less than a fiver. If the title is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
Just had an offer accepted on a new build flat in St James. Conveyancing is daunting 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 enquiries that you should expect your new-build leasehold conveyancing in St James
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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. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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. 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.
Due to the advice of my in-laws I had a survey completed on a house in St James prior to retaining solicitors. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some banks may not give a loan on such a home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. If you contact us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in St James. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in St James to see if the conveyancing will be more expensive.
I am looking at a two maisonettes in St James which have in the region of forty five years left on the lease term. Will this present a problem?
A lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease gets shorter the value of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this field.
I have given up negotiating a lease extension in St James. Can this matter be resolved via the Leasehold Valuation Tribunal?
You certainly can. We are happy to put you in touch with a St James conveyancing firm who can help.
An example of a Lease Extension decision for a St James property is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired lease term was 56 years.