We have agreed to purchase a house in Edge Hill. A rare aspect is that the roof has a solar panel. Lloyds have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Lloyds your lawyer must follow the formal requirements outlined in Section two of UK Finance Lenders’ Handbook for Lloyds. The CML Handbook contains minimum specifications for solar panel roof-space leases, and lawyers are required to report to Lloyds where a lease fails to comply with these specifications. The requirements relate to the installation of panels on properties nationwide and is not restricted to Edge Hill.
I have paid off my mortgage with Coventry BS. I assume I don't need a Edge Hill solicitor on the Coventry BS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Coventry BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Coventry BS mortgage from the register. Coventry BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
I am selling my house. I had a double glazing fitted in December 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Coventry BS are being problematic. The Edge Hill solicitor who is on the Coventry BS conveyancing panel is saying indemnity insurance will be fine but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have a renovated Georgian house in Edge Hill. Conveyancing lawyer represented me and National Westminster Bank. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the matching address. Is it worth asking National Westminster Bank to clarify?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Edge Hill and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing lawyer who carried out the work.
How does conveyancing in Edge Hill differ for newly converted properties?
Most buyers of new build property in Edge Hill come to us having been asked by the developer to exchange contracts and commit to the purchase even before the house is built. This is because new home sellers in Edge Hill typically buy the site, 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 conveyancing solicitors 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 accustomed to new build conveyancing in Edge Hill or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a property in Edge Hill before retaining lawyers. I have been advised that there is a flying freehold aspect to the house. Our surveyor has said that some banks may not grant a mortgage on such a home.
It varies from the lender to lender. Lloyds has different instructions for example to Nationwide. If you contact us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Edge Hill. Conveyancing will be smoother if you use a solicitor in Edge Hill especially if they are familiar with such properties in Edge Hill.
I am attracted to a two maisonettes in Edge Hill both have in the region of 50 years unexpired on the lease term. Do I need to be concerned?
There is no doubt about it. A leasehold apartment in Edge Hill is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it reduces the salability of the premises. The majority of buyers and lenders, leases with less than eighty years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Edge Hill conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I invested in buying a split level flat in Edge Hill, conveyancing formalities finalised April 2002. Can you work out an approximate cost of a lease extension? Comparable flats in Edge Hill with an extended lease are worth £175,000. The ground rent is £65 invoiced every year. The lease ends on 21st October 2082
With 58 years left to run we estimate the price of your lease extension to range between £23,800 and £27,400 plus plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt 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.