Last September we completed a house move in Chesham. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Chesham?
The query is not clear as what problems have arisen and if they are unique to conveyancing in Chesham. Conveyancing searches and due diligence undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner answers a questionnaire referred to as a Seller’s Property Information Form. answers proves to be incorrect, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Chesham.
We see that you have a post code search directory listing firms on the Clydesdale conveyancing panel. Do firms pay you a commission if I instruct them for our conveyancing in Chesham?
We are a listing service only for law firms wishing to communicate if they are on the Clydesdale conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Chesham.
Last month we had a mortgage agreed in principle with Santander. Chesham conveyancing lawyers were appointed. What is the average time that one could expect to receive a mortgage offer from Santander?
There is no definitive answer here. Have Santander done the valuation? Have you informed Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have paid off my mortgage with Coventry BS. I assume I don't need a Chesham property lawyer on the Coventry BS panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Coventry BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Coventry BS mortgage from the register. Coventry BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Chesham bank branch on numerous occasions and was told it does not impact the mortgage offer and they would lend. My Chesham conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Your conveyancer must follow the CML Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
How does the Landlord & Tenant Act 1954 affect my business property in Chesham and how can you help?
The 1954 Act affords security of tenure to commercial leaseholders, granting the legal entitlement to apply to court for a renewal tenancy and continue in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Chesham is one of our many areas of the UK in which the firms we work with have offices
I've recently bought a leasehold flat in Chesham. Do I have any liability for service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Chesham - A selection of Queries before buying
-
How much is the maintenance charge and ground rent on the flat? Please note that where the lease has fewer than 80 years it will impact the salability of the flat. Check with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will almost definitely need a lease extension at some point and it is worth finding out what this would cost. Remember, in most cases you would be required to have been the owner of the property for a couple of years before you are entitled to exercise a lease extension. The majority of Chesham leasehold apartments will be liable to pay a service bill for maintenance of the building set on behalf of the landlord. Should you purchase the flat you will have to pay this charge, normally quarterly throughout the year. This can be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent for you to pay annual, normally this is not a exorbitant sum, say about £25-£75 but you need to check as occasionally it can be surprisingly expensive.