We are purchasing a 2 bedroom apartment in Delabole with a mortgage. We like our Delabole conveyancer, but the mortgage company advise he's not on their "panel". It seems we have no option but to use one of the lender panel firms or retain our Delabole conveyancer and pay for one of their panel lawyers to act for them. This feels very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Delabole conveyancing lawyer to apply to be on the conveyancing panel.
The Delabole conveyancing lawyers that I recently instructed on my purchase in Delabole have suddenly shut down. I chose them because I had to have a firm on the Co-operative conveyancing panel and my previous Delabole lawyer was not. I paid them money in advance. What do I do now?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Co-operative conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
I need some fast conveyancing in Delabole as I am under an ultimatum to sign on the dotted line in less than 2 weeks. Thankfully I do not require a mortgage. Can I decline from having conveyancing searches to save money and time?
As you are not taking a home loan you have the choice not to do searches although no conveyancer would suggest that you don't. With plenty of history conveyancing in Delabole the following are examples of what can arise and adversely impact the marketability of the property: Refused Planning Applications, Overdue Fees, Overdue Grants, Railway Schemes,...
I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Delabole is the location of the property. Can you shed any light on this issue?
Flying freeholds in Delabole are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Delabole you would need to get your solicitor to go 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 Delabole 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 residence.
I only have 68 years unexpired on my lease in Delabole. I need to extend my lease but my landlord is absent. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to locate the lessor. On the whole a specialist should be useful to try and locate and prepare a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Delabole.
I purchased a garden flat in Delabole, conveyancing was carried out February 2004. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Delabole with over 90 years remaining are worth £211,000. The average or mid-range amount of ground rent is £45 yearly. The lease ends on 21st October 2091
With only 67 years unexpired we estimate the price of your lease extension to span between £10,500 and £12,000 plus professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account 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.