I have paid off my mortgage with Yorkshire BS. I assume I don't need a Dulwich lawyer on the Yorkshire BS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Yorkshire BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Yorkshire BS mortgage from the register. Yorkshire BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Yorkshire BS has sent the Land Registry the discharge electronically, and
- Yorkshire BS has instructed the Land Registry to do so
After months of negotiation I have agreed a price on an apartment in Dulwich. My financial adviser suggested a property lawyer. I paid an on account payment of £175. Shortly after, the conveyancer contacted me to say that they were not on the Lloyds conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Lloyds panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am selling my house. I had a double glazing fitted in November 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Clydesdale are being difficult. The Dulwich solicitor who is on the Clydesdale conveyancing panel is saying indemnity insurance will be fine but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale 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.
Due to the encouragement of my in-laws I had a survey completed on a house in Dulwich in advance of instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some banks may refuse to give a mortgage on a flying freehold premises.
It varies from the lender to lender. HSBC has different instructions from Halifax. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Dulwich. Conveyancing will be smoother if you use a solicitor in Dulwich especially if they regularly deal with such properties in Dulwich.
Am I right to be wary about brokers that I am dealing with are recommending a web based conveyancing firm as opposed to a High Street Dulwich conveyancing practice?
As with many professional services, often suggestions from connections can be extremely useful or valuable. Nevertheless there are many parties with a keen interest in a conveyancing deal; estate agents, mortgage brokers and banks might all recommend lawyers to use. On occasion the lawyers might be known to one of the organisations as experts in their field, but sometimes there may be a commercial relationship behind the recommendation. You are free to select your preferred lawyer. You need to be aware that many mortgage providers operate an approved list of law firms you are obliged to use for the mortgage related work in your conveyancing.
My husband and I are FTB’s - had an offer accepted, but the selling agent advised that the vendor will only go ahead if we instruct the agent's preferred lawyers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a family conveyancer used to conveyancing in Dulwich
We suspect that the owner is not behind this request. If they want ‘a quick sale', alienating a genuine buyer is counter productive. Contact the sellers directly and make sure they understand (a)you are motivated buyers (b)you are excited to move forward, with finances in place © you are unencumbered (d) you wish to move quickly (e)however you are going to appoint your own,trusted Dulwich conveyancing lawyers - rather thanthose that will earn the negotiator at the agency a kickback or achieve conveyancing thresholds set by senior management.
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Dulwich. Conveyancing advisers have are soon to be instructed. Will they explain the issues?
Most houses in Dulwich are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can help the conveyancing process. It is clear that you are purchasing in Dulwich so you should seriously consider shopping around for a Dulwich conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your lawyer will appraise you on the various issues.
I am the proprietor of a garden flat in Dulwich. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for the purchase of the freehold?
Most certainly. We can put you in touch with a Dulwich conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Dulwich property is 60 Taymount Grange Taymount Rise in June 2012. The Tribunal determined the premium at £13,346 for a lease extension of a further 90 years This case was in relation to 1 flat. The unexpired term was 64 years.
I have finally had an offer on an maisonette in Dulwich accepted, the owner does however have a connected purchase. The sellers have offered on a flat, however it’s not been accepted yet, and has viewings of other properties in the pipeline. I have instructed a nearby conveyancing solicitor in Dulwich. What do I do now? When should I get the mortgage application with Coventry BS going with Coventry BS?
It is usual to have apprehensions where there is an associated chain as you are unlikely to want to incur costs prematurely (mortgage application is approx £1k, then survey, Dulwich conveyancing search fees, etc). The first thing to do is ensure that your solicitor is on the Coventry BS conveyancing panel. Regarding the next steps this very much depends on the uniqueness of your transaction, desire for the property and on the state of the market. During a buoyant market some buyers will apply for a home loan with Coventry BS and arrange for the valuation and only if it comes back ok would they pay their solicitor to proceed with searches.