Is the fact that my conveyancer in Uxbridge is not identified on my mortgage company's conveyancing panel that there is a problem with the standard of her conveyancing?
It would not be wise to jump to that conclusion. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Uxbridge conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
Some advice if I may. My Uxbridge lawyer is informing me me that she is duty bound toconduct Uxbridge conveyancing searches resulting from the fact thatthe firm are on the HSBCsolicitor panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are obtaining a home loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Uxbridge conveyancing searches.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Uxbridge lawyer on the UBS panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
Planning on purchasing a flat in Uxbridge. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Skipton conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Uxbridge solicitor is on the Skipton conveyancing panel.
After what feels like an age I have had an offer on a flat in Uxbridge accepted, the sellers do however have a connected purchase. The vendors have placed an offer on a flat, however it’s not yet agreed to, and have viewings of other apartments in the pipeline. I have instructed a bricks and mortar conveyancing solicitor in Uxbridge. What should be my next step? At what point should I apply for the mortgage with Coventry BS?
It is usual to have concerns where there is a chain as you are unlikely to want to be too out of pocket prematurely (mortgage application is in the region of £1k, then survey, Uxbridge conveyancing search costs, etc). First, you should ensure that your conveyancing practitioner is on the Coventry BS conveyancing panel. Regarding the subsequent steps this very much depends on the specifics of your transaction, motivation for this property and on the state of the market. During a hot market some purchasers would apply for the mortgage with Coventry BS and pay for the valuation and only if it was satisfactory would they request their property lawyer to proceed with searches.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Uxbridge. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Uxbridge
Please supply a car parking plan. 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. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Due to the advice of my in-laws I had a survey completed on a house in Uxbridge before instructing conveyancers. I have been advised that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies will not issue a mortgage on a flying freehold house.
It depends who your proposed lender is. Santander has different requirements from Halifax. If you call us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Uxbridge. Conveyancing will be smoother if you use a solicitor in Uxbridge especially if they are accustomed to such properties in Uxbridge.
I am attracted to a couple of maisonettes in Uxbridge both have about fifty years left on the leases. Will this present a problem?
There are no two ways about it. A leasehold apartment in Uxbridge is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it reduces the marketability of the premises. For most purchasers and lenders, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Uxbridge conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
My wife and I have hit a brick wall in seeking a lease extension in Uxbridge. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We are happy to put you in touch with a Uxbridge conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Uxbridge flat is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case was in relation to 2 flats. The unexpired term as at the valuation date was 69 years.