I plan on purchasing residence in Willesden. My lawyer is not listed on the bank approved list. Can I still retain my Willesden conveyancing solicitor notwithstanding that they are not on the bank approved list?
Your options include
- Carry on with your existing Willesden conveyancing practitioner but your bank will need to use a property lawyer from their conveyancing panel. The net result is additional fees and potential interruption.
- Get a new lawyer to conduct the conveyancing, obviously checking they are on the bank conveyancing panel.
- Convince your property lawyer to do everything possible to join the bank’s conveyancing panel
Our solicitor has identified a a legal deficiency with the lease for the apartment we are purchasing in Willesden. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will pay for it. Our conveyancing practitioner says that he must be satisfied that the bank is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
It is 10 years ago since I acquired my house in Willesden. Conveyancing lawyers have just been appointed on the sale but I am unable to locate my title deeds. Is this a major issue?
Don’t worry too much. Firstly there is a chance that the deeds will be retained by your lender or they could be in the possession of the solicitor who oversaw your purchase. Secondly in most cases the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Willesden relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
Have purchased a a detached house in Willesden , What is the estimated time for the Land Registry to record my ownership? My Willesden conveyancing solicitor works at snail pace, so I want to be certain the registration formalities are dealt with.
As far as conveyancing in Willesden is concerned, registration is no faster or slower than the rest of England and Wales. As opposed to being determined by geographic area, timescales can differ subject to the party submitting the application, whether there are errors and whether the Land registry have to notify any 3rd parties. Currently in the region of 80% of such applications are fully dealt with within two weeks but some can be subject to protracted hold-ups. Registration is effected after the new owner has moved in to the premises therefore an expedited registration is not always an essential issue but if it is urgent that the the registration takes place urgently then you or your conveyancer must contact the land registry and explain the circumstances.
My husband and I are 18 days into a leasehold purchase having been referred to a firm by the high street agent to do our conveyancing in Willesden. I am am extremely frustrated with the quality of service. Could you help me find new conveyancers?
A solicitor would need to be very poor to suggest changing them. Has the loan offer been sent? In the event that it has you will need to advise them of the new contact details and ensure the mortgage documents are issued to the new lawyers. Your new solicitor ideally needs to be on the lenders panel to avoid added fees and complications. That should be your first question of the new conveyancers. The search tool will help you find a bank approved lawyer for your conveyancing in Willesden
My fiance and I may need to let out our Willesden ground floor flat for a while due to taking a sabbatical. We used a Willesden conveyancing practice in 2001 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
A lease governs the relationship between the freeholder and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Willesden do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
After months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Willesden. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to decide the premium.
An example of a lease Extension decision for a Willesden flat is First Floor Flat 47 Huddlestone Road in December 2010. the Tribunal a valuation of £13,000 for a lease extension having been asked to consider the premium following a vesting order being granted by Willesden County Court On 14th September 2009 This case affected 1 flat. The unexpired term was 71.87 years.