My wife and I are buying a 2 bedroom flat in Temple with a mortgage. We would like to retain our Temple lawyer, however the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or continue with our Temple conveyancer and pay for one of their panel ones to represent them. This seems very unfair; can we not insist that the bank use our Temple conveyancing practitioner ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. A further alternative is for your Temple conveyancing lawyer to apply to be on the conveyancing panel.
My partner and I are planning on selling our property in Temple and according to the buyers it appears that there is a risk of it being built on contaminated land. Any local conveyancer would know this is not the case. For the life of me I don't know why the purchasers used a factory type conveyancing practice rather than a conveyancing solicitor in Temple. We have lived in Temple for many years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You need to check with 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 life insurance to cover that same illness)
My wife and I have a renovated Georgian house in Temple. Conveyancing solicitor represented me and Leeds Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold with the matching address. Is it worth asking Leeds Building Society to clarify?
You need to read the Freehold register you have again and check the Charges Register as there may be 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 Temple and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with the conveyancing solicitor who conducted the work.
In what way does the Landlord & Tenant Act 1954 impact my commercial offices in Temple and how can your lawyers assist?
The particular law that you refer to provides a safeguard to commercial leaseholders, granting the dueness to apply to court for a new tenancy and continue in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Temple is one of the many locations in which our lawyers are located
I need to instruct a conveyancing practitioner in Temple for my house move. Is it possible to check a solicitor's complaints history with the legal regulator?
Anyone can review presented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training requirements.
Do you have any advice for leasehold conveyancing in Temple with the intention of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Temple can be bypassed where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the purchasers’ conveyancers. If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing. Many landlords or managing agents in Temple charge for providing management packs for a leasehold home. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Temple. In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Temple leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Where you fail to have the paperwork in place you should not communicate with the landlord without checking with your solicitor before hand. If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Arranging a duplicate share certificate can be a lengthy process and slows down many a Temple home move. Where a duplicate share is needed, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
My wife and I have hit a brick wall in seeking a lease extension in Temple. Can this matter be resolved via the Leasehold Valuation Tribunal?
You certainly can. We can put you in touch with a Temple conveyancing firm who can help.
An example of a Lease Extension case for a Temple flat is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The unexpired residue of the current lease was 66.8 years.