Our conveyancer has uncovered a defect with the lease for the apartment we are purchasing in Beaumaris. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will cover the costs. Our solicitor has advised that he must check that the lender 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 potential for a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. 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.
I am buying a new build house in Beaumaris with the aid of help to buy. The builders would not move on the amount so I negotiated 6k of additionals instead. The sale representative told me not reveal to my solicitor about the side-deal as it would adversely affect my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I decided to have a survey done on a house in Beaumaris ahead of instructing solicitors. I have been told that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies may refuse to grant a mortgage on a flying freehold house.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. If you call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Beaumaris. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Beaumaris to see if the conveyancing costs will increase in light of this.
Do you have any advice for leasehold conveyancing in Beaumaris from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Beaumaris can be avoided where you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers. Many freeholders or managing agents in Beaumaris charge for providing management packs for a leasehold home. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Beaumaris. If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to ongoing. Some Beaumaris leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Beaumaris state that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such alterations. Where you fail to have the paperwork to hand you should not communicate with the landlord without contacting your lawyer first.
I own a leasehold flat in Beaumaris, conveyancing having been completed June 2000. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding properties in Beaumaris with over 90 years remaining are worth £192,000. The average or mid-range amount of ground rent is £55 invoiced every year. The lease expires on 21st October 2079
With just 54 years left to run we estimate the price of your lease extension to span between £32,300 and £37,400 plus legals.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.
Do online conveyancing companies cover everything a local Beaumaris solicitor does or do I still need to employ a solicitor for the final stages for my conveyancing in Beaumaris?
If you choose an online conveyancer they will cover all the tasks your Beaumaris solicitor would cover.