The Stratford Upon Avon conveyancing firm handling our Stratford Upon Avon conveyancing has uncovered an inconsistency when comparing the information in the home valuation survey and what is revealed within the conveyancing documents. My lawyer says that he is obliged to ensure that the lender is OK with this discrepancy and is content to go ahead. Is my lawyer’s course or action appropriate?
Your solicitor must comply with the UK Finance Lenders’ Handbook provisions 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 you.
What happens if my solicitor is suspended from the Barclays Conveyancing panel ahead of completing my conveyancing in Stratford Upon Avon?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I used Stirling Law several years past for my conveyancing in Stratford Upon Avon. I now require my papers however the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Stratford Upon Avon of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
The estate agent has sent us the confirmation of our purchase of a new build flat in Stratford Upon Avon. Conveyancing is necessary evil 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 legal work.
Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Stratford Upon Avon
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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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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. 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.
I decided to have a survey carried out on a house in Stratford Upon Avon prior to appointing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some banks tend refuse to issue a loan on such a house.
It depends who your proposed lender is. Lloyds has different instructions from Nationwide. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Stratford Upon Avon. Conveyancing will be smoother if you use a solicitor in Stratford Upon Avon especially if they regularly deal with such properties in Stratford Upon Avon.
Are there common defects that you encounter in leases for Stratford Upon Avon properties?
There is nothing unique about leasehold conveyancing in Stratford Upon Avon. Most leases are unique and drafting errors can result in certain sections are missing. For example, if your lease is missing any of the following, it could be defective:
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Service charge per centages that don't add up correctly leaving a shortfall
You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Chelsea Building Society, and TSB all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the buyer to withdraw.
Leasehold Conveyancing in Stratford Upon Avon - Sample of Queries before Purchasing
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It would be wise to enquire if there are any onerous restrictions in the lease. By way of example it is reasonably common in Stratford Upon Avon leases that pets are not permitted in certain buildings in Stratford Upon Avon. If you like the apartmentin Stratford Upon Avon yet your cat can’t make the move with you then you have a very difficult choice. Best to be warned whether fixing the lift or some other significant cost is due shortly to be shared by the leasehold owners and may well dramatically impact the level of the service fees or result in a specific invoice. On the whole the outlay for major works tend not to be included within maintenance charges, albeit that a few managing agents in Stratford Upon Avon require leasehold owners to contribute towards a reserve fund created for the specific purpose of establishing a fund for larger repairs or maintenance.