My partner’s sister is a conveyancing practitioner. I suspect that I'll be able to get mate’s rates for conveyancing, but if not, what level of figure should I be expecting for conveyancing in Oakwood?
Do compare pricing. Do use our search tool on this page. You will notice that quotes may be different but service levels do differ between property lawyers as is true with most professions.
I purchased a freehold property in Oakwood yet pay rent, why is this and what is this?
It’s unusual for properties in Oakwood and has limited impact for conveyancing in Oakwood but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
We had appointed conveyancers based in Oakwood on the Lloyds solicitor panel. They have just billed me a further charge for the legal aspects of the Lloyds mortgage. Is this a supplemental conveyancing fee specified by Lloyds?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your lawyer may charge a fee for this. This fee is not set by Lloyds but by your Oakwood property lawyer. Numerous firms on the Lloyds panel will levy ’dealing with mortgage’ fee and others do not.
My partner and I have arranged the release of further funds on our home loan from Yorkshire BS as we wish to conduct renovations to our house in Oakwood. Are we obliged to select a high street Oakwood solicitor on the Yorkshire BS conveyancing panel to handle the paperwork?
Yorkshire BS do not ordinarily instruct a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS conveyancing panel.
I have a mortgage with Lloyds for my property in Oakwood. Conveyancing was finalised 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Lloyds?
Lloyds must be informed of your intention in advance of letting out your property as this is likely to be a breach of Lloyds’s mortgage conditions. It may be that Lloyds will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Lloyds directly. You need not do this via a Lloyds conveyancing panel firm.
Will our solicitor be making enquiries about flooding as part of the conveyancing in Oakwood.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Oakwood. Plenty of people will acquire a property in Oakwood, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to impart advice on flood risk, but there are a numerous checks that may be initiated by the buyer or by their lawyers which will give them a better appreciation of the risks in Oakwood. The standard information supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to discover whether the premises has historically flooded. If the residence has been flooded in past which is not notified by the vendor, then a purchaser could commence a claim for damages stemming from an inaccurate answer. The purchaser’s solicitors will also commission an environmental report. This should indicate if there is a recorded flood risk. If so, more detailed investigations will need to be carried out.
The estate agent has sent us the confirmation of our purchase of a new build flat in Oakwood. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Oakwood
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. There must be mutual enforceability of lessee’s covenants. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please provide evidence that the form of Lease proposed has been approved by the Land Registry.