We are hoping to acquire a 3 bedroom flat in Sydenham Hill with a mortgage. We have a Sydenham Hill solicitor, but the bank says she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Sydenham Hill conveyancer as well as pay for one of their panel lawyers to represent them. We consider that this is inequitable; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Sydenham Hill conveyancing lawyer to apply to be on the conveyancing panel.
Last May we completed a house move in Sydenham Hill. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Sydenham Hill?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Sydenham Hill. Conveyancing searches and due diligence undertaken during the buying process are carried out to help avoid problems. As part of the process, the vendor answers a questionnaire referred to as a SPIF. answers turns out to be inaccurate, then you may have a 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 Sydenham Hill.
Do I need to attend the offices of the solicitor to sign the mortgage deed? If so, I will instruct a firm who offer conveyancing in Sydenham Hill so that I can attend their offices when needed.
Whereas this was necessary twenty years ago, the vast majority banks no longer need their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to hand over identification documents and there are still manifest advantages to using a locally based ayer, in your case a conveyancing solicitor in Sydenham Hill.
I opted to have a survey carried out on a house in Sydenham Hill before instructing lawyers. I have been advised that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies tend not issue a mortgage on a flying freehold house.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sydenham Hill. Conveyancing will be smoother if you use a solicitor in Sydenham Hill especially if they are familiar with such properties in Sydenham Hill.
Having checked my lease I have discovered that there are only 72 years left on my flat in Sydenham Hill. I need to get lease extension but my freeholder is missing. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the freeholder. In some cases an enquiry agent should be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the application to the County Court overseeing Sydenham Hill.
I am the proprietor of a first floor flat in Sydenham Hill. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the sum payable for a lease extension?
Absolutely. We are happy to put you in touch with a Sydenham Hill conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Sydenham Hill flat is Flat 1 4 Border Crescent in March 2012. the Tribunal decided that the sum payable by the Applicants to the Respondent in respect of the new lease for the subject property should be £11,616.00 (ElevenThousand and Six Hundred and Sixteen Pounds) This case affected 1 flat. The unexpired residue of the current lease was 72.04 years.
Do online conveyancing companies undertake everything a local Sydenham Hill solicitor does or must I employ a solicitor for the final stages for my conveyancing in Sydenham Hill?
Where you instruct an online conveyancer they should cover all the work your Sydenham Hill conveyancer will cover.