The owners have rather assertive vendors who has insisted on a preliminary agreement with a non-refundable deposit two thousand pounds. Are such agreements sensible?
This kind of agreement is not the norm in The Hale, conveyancers are often found to direct clients away from them as they divert attention from the main conveyancing focus and if you end up losing your deposit then the solicitor is left exposed. Furthermore, there is no assurance that just because the owner has signed a lock out contract they will sell to you. They may be in contravention of the contract if they are offered a large enough offer to do so because a wronged claimant with the benefit of a lockout agreement will still have to establish consequential losses from the breach and these may not amount to the extra amount that the owner may secure by breaking the agreement, no matter how morally shameful that may be.
We're in The Hale, First timers buying with a mortgage (lender is TSB , and our solicitor is on the TSB conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the TSB conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Can I be sure that the The Hale conveyancing solicitor on the Yorkshire BS panel is any good?
When it comes to conveyancing in The Hale getting recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the lawyer handling your transaction.
The mortgage over my property is with Nationwide for my property in The Hale. Conveyancing has been completed 12 months ago. If I am intending 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 Nationwide?
You must advise Nationwide in advance of letting out your property as this is likely to be a breach of Nationwide’s mortgage conditions. In many cases banks or building societies will allow you to rent 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 Nationwide directly. It should not be necessary to do this via a Nationwide conveyancing panel lawyer.
The formalities of my purchase has taken place for my property in The Hale. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services 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, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
How does the Landlord & Tenant Act 1954 impact my business property in The Hale and how can your lawyers assist?
The 1954 Act gives protection to commercial lessees, granting the dueness to make a request to court for a new tenancy and continue in occupation at the end of an expired lease. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and assist with commercial conveyancing in The Hale
Am I better off to appoint a The Hale conveyancing lawyer who is local to the property I am purchasing? An old friend can perform the legal work however his firm is located 200miles drive away.
The benefit of a high street The Hale conveyancing firm is that you can pop in to sign documents, deliver your ID and apply pressure on them if necessary. They will also have local intelligence which is a bonus. That being said nothing is more important than finding someone that will do a good and efficient job. If you know people who used your friend and on the whole were content that should outweigh using an unfamiliar The Hale conveyancing solicitor just because they are local.
I want to sublet my leasehold flat in The Hale. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Even though your previous The Hale conveyancing lawyer is no longer around you can review your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to obtain consent via your landlord or some other party prior to subletting. This means you not allowed to sublet in the absence of prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a The Hale conveyancing firm to act on my behalf?
Most definitely. We are happy to put you in touch with a The Hale conveyancing firm who can help.
An example of a Lease Extension case for a The Hale residence is 20 Orchard Court Stonegrove in June 2009. The tribunal decided that a premium of £11,040 should be payable for the new lease This case related to 1 flat. The unexpired term as at the valuation date was 71.55 years.