My lawyer has identified a defect with the lease for the flat we are purchasing in Ickenham. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our says that he must ensure that the lender is content with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your will have no choice but to discontinue acting for you.
Will our conveyancer be making enquiries regarding flooding during the conveyancing in Ickenham.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Ickenham. There are those who buy a house in Ickenham, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not best placed to give advice on flood risk, but there are a numerous searches that can be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Ickenham. The conventional set of information sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the seller to find out whether the property has ever been flooded. If the premises has been flooded in past and is not disclosed by the seller, then a purchaser may issue a compensation claim as a result of such an inaccurate answer. A buyer’s solicitors may also carry out an environmental report. This will disclose if there is any known flood risk. If so, additional investigations should be conducted.
I have recentlybecome aware that Wolstenholmes have closed. They carried out my conveyancing in Ickenham for a purchase of a freehold house 9 months ago. How can I check that the property is in my name in the name of the previous owner?
The quickest way to check if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Ickenham conveyancing specialists.
Over the last few months I have been searching for a ground for flat up to £305k and found one round the corner in Ickenham I like with open areas and railway links in the vicinity, the downside is that it's only got 52 remaining years left on the lease. There is not much else in Ickenham for this price, so just wondered if I would be making a grave error acquiring a short lease?
If you need a home loan that many years will be a potential deal breaker. Discount the price by the expected lease extension will cost if it has not already been discounted. If the current owner has owned the premises for a minimum of 2 years you may request that they start the process of the extension and pass it to you. You can add 90 years to the current lease term with a zero ground rent applied. You should speak to your conveyancing solicitor concerning this.
I have been sourcing a conveyancing solicitor in Ickenham for my remortgage. Is it possible to check a firm’s record with the profession’s regulator?
Anyone can see documented Solicitor Regulator Association (SRA) determinations resulting from investigations started on or after Jan 2008. Visit Check a solicitor's record. To find details Pre 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The regulator sometimes recorded telephone calls for training requirements.