Please explain the implications if my solicitor is suspended from the Barclays Conveyancing panel ahead of completing my conveyancing in Gloucester?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Is it correct that all Gloucester CQS (Conveyancing Quality Scheme) solicitors are on the Principality conveyancing panel?
It is true that some lenders now utilise CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of conveyancing solicitors.
I am currently in the process of buying my council flat in Gloucester. I have a mortgage agreed with Kent Reliance. 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 have 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 Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.
I am due to exchange contracts on my house. I had a double glazing fitted in November 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Co-operative are being problematic. The Gloucester solicitor who is on the Co-operative conveyancing panel is saying indemnity insurance will be fine but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative 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.
Due to the encouragement of my in-laws I had a survey completed on a property in Gloucester ahead of retaining solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies will not grant a mortgage on a flying freehold home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Gloucester. Conveyancing will be smoother if you use a solicitor in Gloucester especially if they are acquainted with such properties in Gloucester.
Is it best to instruct a Gloucester conveyancing practitioner based in the location that I am purchasing? We have a good friend who can carry out the conveyancing however they are based a couple of hundredkilometers away.
The primary upside of using a local Gloucester conveyancing practice is that you can drop in to execute paperwork, hand in your ID and pester them if necessary. Having local Gloucester know how is a benefit. That being said nothing is more important than finding someone that will do a good and efficient job. If you know people who used your friend and in the main were content that must outweigh using an unfamiliar Gloucester conveyancing lawyer solely due to them being Gloucester based.
Are there frequently found problems that you see in leases for Gloucester properties?
There is nothing unique about leasehold conveyancing in Gloucester. Most leases are individual and legal mistakes in the legal wording can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:
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Clauses dealing with recovering service charges for expenditure on the building or common parts. Insurance obligations
A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Chelsea Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.
I invested in buying a split level flat in Gloucester, conveyancing formalities finalised in 2005. How much will my lease extension cost? Corresponding flats in Gloucester with a long lease are worth £227,000. The ground rent is £50 charged once a year. The lease terminates on 21st October 2095
With just 71 years unexpired the likely cost is going to span between £9,500 and £11,000 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first getting professional advice.