We are buying a 2 bedroom apartment in Waltham Abbey with a mortgage. We would like to retain our Waltham Abbey lawyer, but the mortgage company advise she’s not on their "panel". It appears that we have little option but to instruct one of the lender panel conveyancing practices or retain our Waltham Abbey property lawyer as well as pay for one of their panel lawyers to represent them. We regard this is unjust; can we not insist that the lender use our Waltham Abbey conveyancing practitioner ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Waltham Abbey conveyancing lawyer to apply to be on the conveyancing panel.
We are about to exchange contracts for a ground floor flat in Waltham Abbey. We have hit a problem. The loan offer with Leeds Building Society expires on 17/3/2025 but the sellers are putting forward a completion date of 19/3/2025. Is it possible to extend the mortgage offer?
The person best placed to address this concern is your conveyancer who will hopefully assess if they should be discussing with the mortgage company, owner’s conveyancers, selling agents or conceivably all three given the history of your house move to date.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Waltham Abbey. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Waltham Abbey
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
I am looking for a leasehold apartment up to £195,000 and identified one near me in Waltham Abbey I like with amenity areas and transport links nearby, the downside is that it only has 49 remaining years left on the lease. There is not much else in Waltham Abbey in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
If you need a mortgage the shortness of the lease will likely be a potential deal breaker. Reduce the price by the anticipated lease extension will cost if it has not already been discounted. If the current owner has owned the property for a minimum of twenty four months you can request that they commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the existing lease term with a zero ground rent applied. You should speak to your conveyancing solicitor regarding this matter.
I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have just found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Waltham Abbey. Conveyancing solicitors have not yet been appointed. Will they explain the issues?
Most houses in Waltham Abbey are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Waltham Abbey in which case you should be shopping around for a Waltham Abbey conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to carry out alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.
I have had difficulty in seeking a lease extension in Waltham Abbey. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing freeholder or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to calculate the sum to be paid.
An example of a Freehold Enfranchisement case for a Waltham Abbey property is 201 & 201a St. Barnabas Road in October 2013. The Tribunal decided that the price to be paid by the Applicants for the freehold interest is £20,071. This case related to 2 flats. The number of years remaining on the existing lease(s) was 69.26 years.