Due to move into my new home in Small Heath next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in his capacity as lawyer for the mortgage company. What risks does the bank expect the insurance to cover?
Any lawyer on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s Part 2 instructions. These requirements are not limited to conveyancing in Small Heath.
It is 10 years ago since I acquired my house in Small Heath. Conveyancing lawyers have just been instructed on the sale but I am unable to locate the deeds. Will this cause complications?
Don’t worry too much. First there is a chance that the deeds will be retained by your mortgage company or they may be in the possession of the conveyancers who handled your purchase. Secondly in all probability the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring current official copies of the land registers. Most conveyancing in Small Heath involves registered property but in the rare situation where your home is not registered it is more tricky but is resolvable.
How does conveyancing in Small Heath differ for newly converted properties?
Most buyers of new build or newly converted property in Small Heath contact us having been asked by the developer to sign contracts and commit to the purchase even before the property is ready to move into. This is because builders in Small Heath usually acquire 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 property lawyers 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 used to new build conveyancing in Small Heath or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in Small Heath in advance of retaining conveyancers. I have been told that there is a flying freehold element to the house. The surveyor has said that some banks tend not issue a mortgage on such a property.
It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Small Heath. Conveyancing may be slightly more expensive based on your lender's requirements.
Can you provide any top tips for leasehold conveyancing in Small Heath from the point of view of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Small Heath can be bypassed where you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ lawyers. A minority of Small Heath leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors. You may think that you are aware of the number of years left on your lease but it would be advisable double-check by asking your conveyancers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale. The majority of landlords or managing agents in Small Heath charge for supplying management packs for a leasehold home. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Small Heath. If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Small Heath leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such works. Should you dont have the paperwork in place do not communicate with the landlord without contacting your lawyer in the first instance.
I purchased a basement flat in Small Heath, conveyancing formalities finalised March 1995. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Small Heath with over 90 years remaining are worth £175,000. The ground rent is £65 charged once a year. The lease terminates on 21st October 2082
With 58 years remaining on your lease we estimate the premium for your lease extension to range between £23,800 and £27,400 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before getting professional advice.