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Recently asked questions about conveyancing in Colyers

The owners of the property we are purchasing have instructed a conveyancing solicitor in Colyers who has suggested a lock out contract with a non-refundable deposit 10k. Is it wise to enter into such agreements?

Exclusivity contracts are contracts between a home vendor and purchaser giving the buyer exclusive rights to purchase the property within an agreed time frame. Essentially, an exclusivity is a document specifying that you will receive a contract at a later time being the contract for the actual sale. It tends to be used for buyer assurance though in many situations, the vendor may stand to benefit from such agreements as well. There are various pros and cons to having an agreement but you need to check with your lawyer but beware that it may result in costing you extra in conveyancing charges. In light of this these agreements are avoided in relation to conveyancing in Colyers.

Various online forums that I have frequented warn that are the number one cause of hinderance in Colyers house deals. Is this right?

The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of delays during the legal transfer of property. Searches are unlikely to be the root cause of holding up conveyancing in Colyers.

Due to the guidance of my in-laws I had a survey completed on a house in Colyers in advance of retaining solicitors. I have been told that there is a flying freehold element to the house. My surveyor advised that some banks may refuse to issue a loan on this type of house.

It depends who your proposed lender is. Lloyds has different instructions from Halifax. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Colyers. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Colyers to see if the conveyancing will be more expensive.

I need to appoint a conveyancing solicitor for some conveyancing in Colyers. I have chance upon a site which looks to be the perfect solution If it is possible to get all this stuff done via phone that would be ideal. Do I need to be concerned? What should out be looking out for?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

Last October I purchased a leasehold property in Colyers. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a Colyers conveyancing firm to help?

if there is a missing landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to determine the sum to be paid.

An example of a Lease Extension matter before the tribunal for a Colyers residence is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case was in relation to 13 flats. The unexpired lease term was 76 years.

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Find out more about how flying freehold can affect your the value of a property.