Unfortunately I am unable to travel far from Windsor. Is there a reason why all Windsor solicitors are not on all mortgage company panels?
Before the recession most banks demonstrated an attitude to risk which is different than today. The financial regulator in 2010 conducted a thematic review into mortgage fraud which in summary warned lenders: know the property lawyers on your panel. Consequently, lenders have subsequently requiredmore data from law firms regarding their processes and the individuals who work for them and set certain criteria such as completing a minimum volume of transactions. Thousands of law practices have been excluded from lender panels even though they had 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms were never going to satisfy the minimum volume of transactions the mortgage companies required.
I am the sole recipient of my late grandmother’s will and I have everything in my name alone, including the house in Windsor. The Windsor property was put into my name in October. I plan to dispose of the house. I understand that there is a CML 6 month 'rule', which means that my proprietorship could be considered the same way as if I'd bought the house in October. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. many lenders would take a practical view as this clause principally exists to pick up on subsales or the quick reselling of property.
The mortgage over my property is with Bank of Ireland for my property in Windsor. Conveyancing was finalised months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Bank of Ireland?
You must advise Bank of Ireland prior to letting out your property as this is likely to be a breach of Bank of Ireland’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Bank of Ireland directly. You need not do this via a Bank of Ireland conveyancing panel solicitor.
I am due to exchange contracts on my flat. I had a double glazing fitted in January 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Kent Reliance are being pedantic. The Windsor solicitor who is on the Kent Reliance conveyancing panel is saying indemnity insurance will be fine but Kent Reliance are requiring a building regulation certificate. Why do Kent Reliance have a conveyancing panel if they don't accept advice from them?
It is probably the case that Kent Reliance have referred the matter to their valuer. The reason why Kent Reliance may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Me and my brother own a renovated Edwardian property in Windsor. Conveyancing solicitor acted for me and Skipton Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Windsor and other areas of 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 mortgage companies. You can also question the situation with the conveyancing practitioner who conducted the purchase.
I am looking at a two flats in Windsor both have in the region of 50 years left on the leases. Should I regard a short lease as a deal breaker?
There is no doubt about it. A leasehold flat in Windsor is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it reduces the salability of the premises. For most purchasers and lenders, leases with less than eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Windsor conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I bought a 2 bed flat in Windsor, conveyancing having been completed April 2010. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Windsor with a long lease are worth £206,000. The ground rent is £45 yearly. The lease expires on 21st October 2091
You have 66 years left to run we estimate the price of your lease extension to span between £12,400 and £14,200 as well as professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.
We are thinking of using a web based property lawyer as opposed to a Windsor conveyancing firm. Any advice?
Various benefits exist in being able to pop in to a local Windsor conveyancing solicitor for instance
- signing documents on short notice
- often being able to speak to someone face-to-face can make a huge difference, particularly for non-standard house moves
- the ability to raise concerns if things are not going as expected
When checking estimates, look carefully for hidden extras. The majority decent Windsor high street solicitors give an all-inclusive price. Many online companies appear to offer low cost prices, but have burried 'extras' in the fine print.