My lawyer has identified a a legal deficiency with the lease for the apartment we are purchasing in Breaston. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancer has advised that he must ensure that the bank is content with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your conveyancer 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.
My grandfather passed away last year and as sole heir and executor I was left the house in Breaston. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Kent Reliance, pay off the mortgage. Is this allowed?
If you intend to refinance then Kent Reliance will require that you use a conveyancer on the Kent Reliance conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Kent Reliance conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Kent Reliance mortgage is registered as a charge at the Land Registry.
Is there anything unique about your site and alternative online quote calculators for conveyancing in Breaston?
At this site obtain a fixed fee costs illustration from a Solicitor or Licensed Conveyancer that appreciates the issues for your conveyancing in Breaston. As opposed to estate agents and many comparison sites we do not charge firms a fee if you appoint them for your home move in Breaston
My partner has suggested that I appoint his conveyancers in Breaston. Should I choose my own solicitor?
No doubt the ideal way to choose a conveyancing lawyer is to get feedback from friends or relatives who have used the solicitor that you are contemplating using.
I want to let out my leasehold flat in Breaston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Your lease dictates relations between the freeholder and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Breaston do not prevent strict prohibition on subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I inherited a 2 bed flat in Breaston, conveyancing having been completed half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding flats in Breaston with over 90 years remaining are worth £181,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease expires on 21st October 2074
With just 50 years remaining on your lease the likely cost is going to be between £31,400 and £36,200 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first getting professional advice.