I have just been advised by my broker that my Charterhouse the law firm I have appointed is not on the mortgage company Solicitor panel. How can I be sure whether this is correct?
The sensible course of action for you to take is to call your Charterhouse lawyer directly. You lawyer should inform you of the situation. If they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your lender.
The Charterhouse conveyancing lawyers that I recently instructed on my house acquisition in Charterhouse have without warning shut down. They were on acting for me because I had to have a solicitor on the Yorkshire BS conveyancing panel and my family Charterhouse lawyer was not. I cut them a cheque for £250 in advance. What should be my next steps?
If you have an estate agent involved then let them know immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Yorkshire BS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to help.
My relative advised me that where I am buying in Charterhouse I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is usually quoted for as part of the standard Charterhouse conveyancing searches. It is not a small report of more than thirty pages, listing and setting out significant information about Charterhouse around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Charterhouse Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with plans and statistics, Local Amenities and other useful data concerning Charterhouse.
Due to the advice of my in-laws I had a survey completed on a house in Charterhouse ahead of retaining lawyers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some banks tend not grant a loan on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. Should you wish to telephone us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Charterhouse. Conveyancing will be smoother if you use a solicitor in Charterhouse especially if they are accustomed to such properties in Charterhouse.
Do you have any advice for leasehold conveyancing in Charterhouse with the intention of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Charterhouse can be bypassed if you get in touch lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers’ solicitors. In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Charterhouse leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the consents to hand you should not contact the landlord without contacting your lawyer first. You believe that you know the number of years left on your lease but it would be wise to verify this by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Organising a duplicate share certificate is often a lengthy formality and slows down many a Charterhouse home move. If a duplicate share is required, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
My wife and I have hit a brick wall in seeking a lease extension in Charterhouse. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to determine the price payable.
An example of a Lease Extension decision for a Charterhouse flat is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case was in relation to 1 flat. The unexpired lease term was 66.8 years.