My wife and I are intending to buy a 3 bedroom flat in Laceby with a mortgage. We like our Laceby solicitor, but the lender advise he's not on their "panel". It seems we have little option but to select one of the mortgage company panel solicitors or continue with our Laceby solicitor as well as pay for one of their panel lawyers to represent them. We consider that this is inequitable; are we not able to require that the mortgage company use our Laceby 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 bank’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 Laceby conveyancing solicitor to apply to be on the conveyancing panel.
My wife and I have a semi-detached Victorian property in Laceby. Conveyancing solicitor represented me and The Royal Bank of Scotland. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold with the matching property. Is it worth asking The Royal Bank of Scotland to clarify?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Laceby and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing lawyer who conducted the purchase.
I decided to have a survey done on a property in Laceby prior to retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. My surveyor advised that some banks may refuse to grant a mortgage on a flying freehold premises.
It varies from the lender to lender. Santander has different instructions from Birmingham Midshires. Should you wish to telephone us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Laceby. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Laceby to see if the conveyancing will be more expensive.
What are the common problems that you come across in leases for Laceby properties?
There is nothing unique about leasehold conveyancing in Laceby. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:
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A provision to repair to or maintain parts of the building
You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Barnsley Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.
I acquired a studio flat in Laceby, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Laceby with an extended lease are worth £190,000. The ground rent is £65 charged once a year. The lease ceases on 21st October 2086
With just 61 years remaining on your lease we estimate the price of your lease extension to span between £19,000 and £22,000 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 extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.
Would local authority permission be required to change a house into two flats in Laceby? This has been carried out to a house opposite to my house in Laceby and was unaware of the conversion until it was complete.
Planning Permission yes. Building Reg Approval yes.