Last January we completed a house move in Whittlesey. We have since encountered a number of problems with the house which we consider were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been ordered for conveyancing in Whittlesey?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Whittlesey. Conveyancing searches and investigations undertaken during the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a property owner completes a questionnaire called a Seller’s Property Information Form. If the information ends up being incorrect, then you may have a claim against the owner 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 Whittlesey.
I had intended to instruct a property lawyer in Whittlesey for our home move. Our broker has since advised us that our mortgage lenders Britannia won't deal with them. Why is this not regarded as unfair competition?
Pre- 2008 most lenders had a different appetite for risk. Almost all Whittlesey conveyancing firms would have been on many bank panels. The FSA in 2010 conducted a thematic investigation into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, lenders are increasingly seeing more data from law firms concerning their operations and the individuals who work for them as well as set certain criteria such a completing on a minimum volume of conveyancing. Many Whittlesey conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Whittlesey is one of the numerous areas where the solicitors we list are members of the panel for Britannia.
I had a mortgage agreed in principle with Nottingham. Whittlesey conveyancing solicitors have been instructed. What is the average time that one could expect to receive a mortgage offer from Nottingham?
There is no definitive answer here. Have Nottingham conducted the survey? Have you advised Nottingham as to your lawyers' details and checked that your lawyers are on the Nottingham conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Whittlesey conveyancing practitioner on the UBS panel to discharge 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
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Whittlesey building society branch on various occasions and was told it does not affect the mortgage offer and they would lend. My Whittlesey conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they would not lend in accordance with their specific requirements. Who do I believe?
Provided that the conveyancing practitioner is on the bank approved list, she or he must adhere to the Council of Mortgage Lenders’ Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have been on the look out for a flat up to £245,000 and identified one close by in Whittlesey I like with a park and railway links nearby, however it only has 52 remaining years left on the lease. There is not much else in Whittlesey in this price bracket, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you require a mortgage the remaining unexpired lease term may be a potential deal breaker. Reduce the price by the anticipated lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of 2 years you may ask them to start the process of the extension and pass it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer about this.
How simple is it to use your search tool to choose a conveyancing practitioner in Whittlesey on the panel for my mortgage?
1st choose a mortgage company such as Lloyds TSB Bank, Chelsea Building Society or Nottingham Building Society then type in your location such as Whittlesey. Conveyancing firms in Whittlesey and further afield should be listed.
I have just started marketing my ground floor flat in Whittlesey. Conveyancing is yet to be initiated, but I have just received a quarterly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear the maintenance contribution as normal given that all rents and service invoices will be apportioned as part of the financial calculations for completion monies, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Whittlesey Leasehold Conveyancing - A selection of Queries before Purchasing
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Best to be warned if redecorating or some other major work is coming up that will be shared between the leaseholders and will materially increase the the maintenance charges or result in a specific payment. Be sure to enquire if the the lease contains any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Whittlesey. If you love the flatin Whittlesey however your cat is not allowed to live with you then you will be faced hard choice. This question is important as a) areas could cause problems in the building as the communal areas may begin to deteriorate if repairs are not paid for b) if the tenants have an issue with the running of the building you will want to have full disclosure