I have just been advised by my IFA that my Caterham lawyer is not on the lender Solicitor panel. What can I do to be sure whether this is correct?
The sensible course of action for you to take is to contact your Caterham lawyer directly. It is reasonable to expect your lawyer to notify you what has happened. Where they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your mortgage company.
It is a dozen years since I acquired my house in Caterham. Conveyancing lawyers have now been retained on the sale but I am unable to find the title deeds. Will this jeopardise the sale?
Don’t worry too much. First the deeds may be with your lender or they could stored with the lawyers who acted in your purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Caterham relates to registered property but in the unlikely event that your property is not registered it is more of a problem but is resolvable.
we are a couple who intend to purchase a newly converted apartment in Caterham with a loan from National Westminster Bank.We like our Caterham conveyancing lawyer but National Westminster Bank advised that she’s not listed on their "panel". It seems we have no choice but to instruct a National Westminster Bank panel firm or retain our local solicitor and pay for one of their panel ones to act for them. This seems very unfair; Can we not simply insist that National Westminster Bank use our lawyer?
No, not really. The loan issued to you contains various provisions, a common one being that solicitors will be on the National Westminster Bank approved list. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for National Westminster Bank
I am assisting my sister sell her house in Caterham. Does the conveyancer commission an EPC or it is for me to see to?
Following the demise of HIPs, EPC’s became a required component of selling a property. An energy performance certificate should be commissioned prior to the property being marketed. This is not something that lawyers ordinarily arrange. If you are instructing a Caterham conveyancing practitioner they may help arrange EPC’s due to their contacts with long established local assessors
Is there a list of Aldermore panel conveyancers in Caterham on the Council of Mortgage Lender’s Website?
No. There is no such directory service on the CML or Building Society Association websites. Very few banks make their panel listings available over the internet. If you are in need of a Caterham lawyer on the Aldermore please use our facility.
is it true that all Caterham conveyancing solicitors on the Clydesdale conveyancing panel are governed by the SRA?
As solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the SRA. Many banks do permit licenced conveyancers on their panel in which case such organisation would be governed by the Council of Licensed Conveyancers.
I am tempted by the attractive purchase price for a two apartments in Caterham which have in the region of forty five years unexpired on the lease term. Should I regard a short lease as a deal breaker?
There are no two ways about it. A leasehold flat in Caterham is a wasting asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it reduces the marketability of the property. For most buyers and banks, leases with under eighty years become less and less attractive. 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 premises 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 Caterham conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. 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.
Following years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Caterham. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We can put you in touch with a Caterham conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Caterham residence is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case was in relation to 3 flats. The number of years remaining on the existing lease(s) was 75 years.