We are buying a 3 bedroom flat in Datchet and Langley with a mortgage. We wish to retain our Datchet and Langley conveyancer, but the bank says she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or keep our Datchet and Langley conveyancer and pay for one of their panel firms to represent them. This seems very unfair; are we not able to insist that the bank use our Datchet and Langley conveyancer ?
No, not really. Your mortgage offer 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 Datchet and Langley conveyancing lawyer to apply to be on the conveyancing panel.
In the event thatI was to buy a simple residential propertyin Datchet and Langley for cash and have no survey and no local authority searches how much would I expect to have to pay for conveyancing in Datchet and Langley?
The only reduction in fees you would achieve is the Datchet and Langley conveyancing searches. A solicitor still got to do everything else - money laundering, correspond with the sellers solicitor, SDLT submission, register the property etc. A slight saving might be made by not needing to register a charge however it won't be a lot.
Do I need to visit the offices of the solicitor to sign the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Datchet and Langley so that I can attend their offices when needed.
Nowadays conveyancing panel lawyers for mortgage companies undertake their communications via the post, internet or over the phone. This enables them to conduct the legal work for your home move regardless of where you live in England or Wales. That being said you can see if you can still book an appointment to visit conveyancing lawyer if just in case this is required.
My father-in-law has suggested that I appoint his conveyancing solicitors in Datchet and Langley. Should I choose my own solicitor?
There are no two ways about it the ideal way to choose a conveyancing lawyer is to have recommendations from friends or relatives who have actually experience in using the firm you're are thinking of instructing.
Do you have any top tips for leasehold conveyancing in Datchet and Langley from the perspective of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Datchet and Langley can be reduced where you instruct lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information which will be required by the buyers’ lawyers. You may think that you are aware of the number of years remaining 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 where the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. If you have had any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as historic rather than unresolved. Some Datchet and Langley leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly 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.
I am the leaseholder of a second floor flat in Datchet and Langley. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum payable for the purchase of the freehold?
Where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to calculate the amount due.
An example of a Freehold Enfranchisement decision for a Datchet and Langley flat is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case related to 2 flats. The unexpired lease term was 69 years.