I am the sole recipient of my late grandmother’s estate and I have everything in my name alone, including the house in Common Edge. Conveyancing formalities meant that the Land Registry date was in October. I want to move. I understand that there is a CML six month 'rule', which means that my property ownership will be treated the same way as though I had purchased the property in October. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be impacted by that. How practical a view banks take of it, depend on the bank as this requirement is principally there to capture the purchase and immediately sell or the flipping of properties.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Common Edge building society branch on numerous occasions and was told they are content with the situation and they will lend. My Common Edge conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend based on their published requirements. I simply don't know who is right.
Your conveyancing practitioner must follow the CML Handbook section two requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the bank 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
Principality have agreed my home loan in principle, my bid on a house in Common Edge has been accepted, now what?
The estate agent will want to know who your solicitors are (ensure that the solicitors are on the bank’s panel). Contact Principality or the financial adviser and finalise any appropriate paperwork. Principality will instruct a valuer who will get in touch with the estate agent or owners to arrange an appointment. Once carried out (assuming no problems) it takes on average a week to get a mortgage offer. Principality will send the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Common Edge.
Due to the advice of my in-laws I had a survey completed on a house in Common Edge ahead of instructing conveyancers. I have been advised that there is a flying freehold element to the house. My surveyor advised that some banks may refuse to grant a loan on a flying freehold property.
It depends who your proposed lender is. Santander has different requirements from Halifax. If you contact us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Common Edge. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Common Edge to see if the conveyancing costs will increase in light of this.
My husband and I are 14 days into a freehold purchase having been recommend to a firm by the selling agent to do our conveyancing in Common Edge. We are not happy. Can you you assist me in finding new solicitors?
A solicitor would have to be very poor in order to consider diss instructing them. Has the mortgage offer been generated? If so you will need to advise them of the new contact details and have the mortgage documents are re-sent. The conveyancer needs to be on the mortgage company panel to avoid escalating charges and frustration. So that should be your starting point. Our find a solicitor tool should assist you in finding a bank approved solicitor for your conveyancing in Common Edge
We expect to complete our sale of a £425,000 flat in Common Edge on Tuesday in a week. The managing agents has quoted £360 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Common Edge?
Common Edge conveyancing on leasehold maisonettes usually necessitates the purchaser’s conveyancer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer such questions the majority will be willing to assist. They are at liberty to invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some situations it is above £800. The administration charge invoiced by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the charge is not strictly payable. In reality you have little choice but to pay whatever is demanded should you wish to complete the sale of your home.
Leasehold Conveyancing in Common Edge - Examples of Questions you should ask before Purchasing
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Is the freehold owned collectively by the leaseholders? Who are the managing agents? It would be sensible to find out as much as possible about the company managing the block as they will either make your living at the property much easier or much more difficult. As the owner of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues like the tidiness of the common parts. You should not be afraid to ask other tenants whether they are happy with them. On a final note, find out the dates that the maintenance fees are due to the relevant party and precisely what you get for your money.
My partner and I are buying a garden flat in Common Edge. When we first instructed lawyer, they said that they were on all major UK mortgage company panels. Our mortgage broker emailed yesterday to advise that they don't seem to be on the Yorkshire BS approved list. Should that be true, what should we do? Do we just pick a different conveyancer that is on their approved list or should we pay for separate representation, with Yorkshire BS selecting their own preferred property lawyer.
When purchasing a property with the benefit of a mortgage it is usual for the buyer’s solicitors to also act for the purchaser's lender. In order to act for a bank or building society a conveyancing practitioner has to be on that lender's list of approved lawyers. An application has to be made by the conveyancer to the lender to become a member of the lender's panel and there are increasingly strict criteria which the solicitor has to fulfill. Some building societies now insist their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact Yorkshire BS to discover if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on Yorkshire BS's conveyancing panel and you may continue to use your own Common Edge solicitors, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.