We wanted to use a property lawyer in Headingley for our home move. Our financial adviser has since advised us that our mortgage company Barclays Direct won't deal with them. Surely this is unduly restrictive?
Banks in the main restrict either the category or the volume of conveyancing firms on their approved list of lawyers. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the profile of firm, some have limited the number of solicitor practices they allow to represent them. You should note that Barclays Direct have no responsibility for the quality of advice provided by any member of Barclays Direct Conveyancer Panel. Mortgage fraud was a key driver in the reduction of solicitor panels since 2008 even though there remains mixed views regarding the level of solicitor involvement in some of that fraud. Data from the Land Registry indicate that thousands of law firms, including some in or near Headingley only carry out a couple conveyances a year.
I am currently in the process of buying my council flat in Headingley. I have a mortgage agreed with UBS. 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 UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
I am selling my house. I had a double glazing fitted in June 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Lloyds are being pedantic. The Headingley solicitor who is on the Lloyds conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Lloyds are insisting on a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?
It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds 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.
My sealed bid on a semi in Headingley has been accepted, the sellers do however have a tied purchase. The sellers have placed an offer on on an apartment, but it’s not yet agreed to, and are looking at other properties booked. I have chosen a nearby conveyancing solicitor in Headingley. What should be my next step? At what point should I apply for the mortgage with Skipton?
It is normal to have anxieties where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is in the region of £1k, then survey, Headingley conveyancing search costs, etc). The first thing to do is check that your solicitor is on the Skipton conveyancing panel. As to the subsequent phase this very much dictated by the uniqueness of your transaction, desire for this property and on the state of the market. During a buoyant market the majority of home buyers would apply for the mortgage with Skipton and pay for the valuation and only if it comes back ok would they ask their conveyancer to press on with the conveyancing in Headingley.
Will our lawyer be raising enquiries concerning flooding as part of the conveyancing in Headingley.
The risk of flooding is if increasing concern for lawyers dealing with homes in Headingley. Some people will purchase a property in Headingley, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, but there are a numerous checks that can be undertaken by the purchaser or by their conveyancers which can figure out the risks in Headingley. The conventional set of property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the vendor to discover whether the property has suffered from flooding. In the event that the property has been flooded in past and is not revealed by the owner, then a purchaser may bring a compensation claim as a result of such an misleading response. A purchaser’s conveyancers should also conduct an environmental search. This will indicate whether there is a recorded flood risk. If so, additional investigations will need to be initiated.
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Headingley is the location of the property. Is there any guidance you can impart?
Flying freeholds in Headingley are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Headingley you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Headingley may ascertain 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'm refinancing my primary home to a BTL mortgage with Lloyds TSB Bank and intend to use the remaining equity as a down payment on another house. The area we are looking at is Headingley. Will your lawyers be able to act for both sets of lenders and tie in the two deals?
Make use of our search tool on this page to check that the conveyancers are approved by both banks. On the basis that they are the solicitor should be able to connect the two conveyancing matters but you should have a chat with you solicitor and make apparent your expectations and needs.