All was ready to move into my new home in Llanishen next Monday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in his capacity as lawyer for the lender. What risks does the mortgage company expect the insurance to cover?
All property lawyers on acting for banks would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s Part 2 requirements. These obligations are not limited to conveyancing in Llanishen.
I own a freehold premises in Llanishen but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Llanishen and has limited impact for conveyancing in Llanishen but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
When reading mumsnet.com for a conveyancing lawyer in Llanishen, many comment that I must instruct a CQS assured solicitor. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * compliance with best practice conveyancing procedures via the scheme protocol Membership covers many organisations who carry out conveyancing in Llanishen.
Am I best advised to use a Llanishen conveyancing lawyer in close proximity to the house I am buying? We have a good friend who can deal with the legal formalities but his firm is located 400miles drive away.
The benefit of a local Llanishen conveyancing firm is that you can drop in to sign documents, hand in your ID and pester them if necessary. They will also have local knowledge which is a plus. That being said nothing is more important than finding someone that will pull out all the stops for you. If you know people who instructed your friend and they were happy that should trump using an unknown Llanishen conveyancing solicitor solely due to them being Llanishen based.
Do you have any advice for leasehold conveyancing in Llanishen from the point of view of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Llanishen can be avoided if you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers’ representatives. You may think that you are aware of the number of years left on your lease but you should verify this via your lawyers. A purchaser's conveyancer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unresolved. In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Llanishen leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such works. Where you dont have the consents in place do not communicate with the landlord without contacting your conveyancer first. Many freeholders or Management Companies in Llanishen charge for providing management packs for a leasehold home. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Llanishen.
I bought a studio flat in Llanishen, conveyancing having been completed half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Llanishen with a long lease are worth £201,000. The average or mid-range amount of ground rent is £45 levied per year. The lease ceases on 21st October 2090
With 65 years unexpired we estimate the price of your lease extension to span between £13,300 and £15,400 plus legals.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more detailed investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.