I am considering applying for a RBS mortgage for purchase of a new build (under development) in Upney with 70% loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for RBS ?
There is nothing to stop you using your solicitor, but RBS will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
Will our lawyer be raising enquiries concerning flooding as part of the conveyancing in Upney.
The risk of flooding is if increasing concern for lawyers dealing with homes in Upney. There are those who purchase a property in Upney, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to offer advice on flood risk, however there are a numerous checks that may be undertaken by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Upney. The conventional set of information given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the owner to discover if the premises has ever been flooded. If the premises has been flooded in past which is not disclosed by the owner, then a purchaser may bring a compensation claim as a result of such an misleading reply. A purchaser’s lawyers should also carry out an enviro search. This should reveal if there is any known flood risk. If so, additional inquiries will need to be conducted.
I decided to have a survey done on a house in Upney ahead of retaining lawyers. I have been advised that there is a flying freehold overhang to the house. The surveyor has said that some banks tend refuse to issue a loan on such a premises.
It varies from the lender to lender. HSBC has different instructions from Nationwide. If you call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Upney. Conveyancing will be smoother if you use a solicitor in Upney especially if they are accustomed to such properties in Upney.
My father-in-law has recommend that I appoint his lawyers for conveyancing in Upney. Should I use them?
No doubt it’s preferable to find a conveyancing solicitor is to have guidance from friends or relatives who have actually experience in using the solicitor that you are considering.
There are only Fifty years remaining on my lease in Upney. I need to extend my lease but my landlord is absent. What options are available to me?
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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have done all that could be expected to locate the lessor. In some cases an enquiry agent would be helpful to try and locate and to produce a report which can be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Upney.
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Upney conveyancing firm to help?
You certainly can. We are happy to put you in touch with a Upney conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Upney premises is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case was in relation to 1 flat. The unexpired residue of the current lease was 61.36 years.
I happen to be an executor of my recently deceased parent's Will, with a bungalow in Upney which will be sold. The bungalow is unregistered at the Land Registry and I'm advised that many estate agents will insist that it is done before they'll move forward. What's the procedure for this?
In the situation you refer to it seems sensible to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.