Our lawyer has discovered a a legal deficiency with the lease for the flat we are purchasing in Cranfield. The other side have suggested title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer has advised that he must ensure that the bank is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
My uncle pointed out to me me that in buying a property in Cranfield there may be various restrictions preventing external changes to the property. Is this right?
We are aware of a number of properties in Cranfield which have some sort of restriction or requirement of consent to external changes. Part of the conveyancing in Cranfield should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Last month we had a mortgage agreed in principle with TSB. Cranfield conveyancing practitioners were chosen. How long does it take for TSB to send the offer to the property lawyer?
Some lenders take longer than others. Have TSB completed the valuation? Have you advised TSB as to your lawyers' details and checked that your lawyers are on the TSB conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have decided to exercise my right to buy my property in Cranfield off the council. I have a mortgage offer with Yorkshire BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
How does conveyancing in Cranfield differ for newly converted properties?
Most buyers of new build residence in Cranfield approach us having been asked by the developer to sign contracts and commit to the purchase even before the residence is constructed. This is because builders in Cranfield usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Cranfield or who has acted in the same development.
Given that I am about to spend hundreds of thousands of pounds on 3 bedroom house in Cranfield I wish to have a conversation with the conveyancer regarding thetransaction prior to instructing the firm. Is this something that you can arrange?
Absolutely - it is our preference to talk to you we do not take any clients on without you first talking to the conveyancer who will be carrying out your conveyancing in Cranfield.There is no ‘factory style conveyancing’ - each client is unique individual, not a matter reference. The practices that we put you in touch with believe that the figure you are provided with for your conveyancing in Cranfield should be the amount on the final invoice that you are charged.
I wish to sublet my leasehold apartment in Cranfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Your lease governs relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Cranfield do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
Leasehold Conveyancing in Cranfield - Sample of Queries before buying
-
What is the the remaining lease term? The prefered form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this scenario the lessees enjoy control and although a managing agent is usually retained where it is larger than a house conversion, the managing agent employed by the leaseholders. For many Cranfield leaseholds the outlay for major works tend not to be included within maintenance charges, although a few managing agents in Cranfield obliged leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance.