I am nearing exchange of contracts for my home in West Wickham and the EA has just telephoned to say that the purchasers are switching property lawyer. The reason given is that the bank will only work with property lawyers on their approved list. On what basis would a major lender only deal with certain lawyers rather the firm that they want to choose to handle their conveyancing in West Wickham ?
UK lenders have always had an approved set of law firms that can act for them, but in the last few years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for decades.
Banks blame a rise in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to monitor. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.
A colleague informed me that in purchasing a property in West Wickham there could be various restrictions preventing external alterations to the property. Is this right?
We are aware of a number of properties in West Wickham which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in West Wickham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We expect to receive a DIP from HSBC this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do HSBC recommend any West Wickham solicitors on the HSBC conveyancing panel, or is it better to go independently?
You will need to appoint West Wickham solicitors independently although you'll need to choose one on the HSBC conveyancing panel. The solicitor represents both you and HSBC through the process.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my West Wickham building society branch on numerous occasions and was told they are content with the situation and they would lend. My West Wickham conveyancing solicitor - who is on the lender conveyancing panel- called to say that they would not lend based on their published requirements. Who do I believe?
Your conveyancer must comply with the CML Handbook Part 2 requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
Are there restrictive covenants that are commonly identified during conveyancing in West Wickham?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in West Wickham. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
My partner has urged me to use his conveyancing solicitors in West Wickham. Should I choose my own conveyancer?
There are no two ways about it the best way to choose a conveyancing practitioner is to get feedback from friends or family who have actually used the firm you're contemplating using.
I am tempted by the attractive purchase price for a two flats in West Wickham which have in the region of 50 years unexpired on the lease term. Do I need to be concerned?
There are plenty of short leases in West Wickham. The lease is a right to use the property for a period of time. As a lease gets shorter the value of the lease reduces and it becomes more expensive to acquire a lease extension. This is why it is advisable to extend the lease term. More often than not it is difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this field.
I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a West Wickham conveyancing firm to act on my behalf?
Most definitely. We are happy to put you in touch with a West Wickham conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a West Wickham flat is 26 Manor Road in July 2010. the Tribunal decided that price to be paid for the freehold was £12,420 This case related to 2 flats. The unexpired term as at the valuation date was 76.75 and 88.83.