I am in the process of selling my flat in County Durham and the EA has just telephoned to say that the purchasers are appointing a new conveyancer. I am told that this is due to the fact that the bank will only work with property lawyers on their conveyancing panel. Why would a big named lender only work with specific solicitors rather the firm that they want to appoint for their conveyancing in County Durham ?
Banks have always had panels of law firms that can represent them, but in the last few years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Lending institutions point to the increase in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
We were just about to sign contracts for a semi detached house in County Durham. We encountered a stumbling block. Our mortgage offer with Nottingham Building Society runs out on 17/1/2025 but the vendors are suggesting a completion date of 21/1/2025. Is it possible to extend the loan expiry date?
The best person to deal with your issue is your conveyancer who will hopefully determine whether he or she is corresponding with the lender, seller’s conveyancers, selling agents or indeed all parties taking into account the history of your transaction as of today.
I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a straight forward, no chain conveyancing. County Durham is the location of the property. Can you offer any opinion?
Flying freeholds in County Durham are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in County Durham you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in County Durham may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
How can the Landlord & Tenant Act 1954 impact my commercial premises in County Durham and how can your lawyers assist?
The 1954 Act affords protection to business leaseholders, giving them the right to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and help with commercial conveyancing in County Durham
Having checked my lease I have discovered that there are only Seventy years unexpired on my flat in County Durham. I am keen to get lease extension but my landlord is missing. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the landlord. In some cases an enquiry agent would be helpful to conduct investigations and prepare a report to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the application to the County Court overseeing County Durham.
I acquired a 1st floor flat in County Durham, conveyancing formalities finalised half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar flats in County Durham with an extended lease are worth £176,000. The average or mid-range amount of ground rent is £50 levied per year. The lease expires on 21st October 2074
With only 50 years left to run the likely cost is going to range between £31,400 and £36,200 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.