Our conveyancer has uncovered a a problem with the lease for the apartment we are purchasing in Leyton. The other side have put forward title insurance as a solution. We are content with insurance and will pay for it. Our lawyer has advised that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the lender?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. The appropriate lender specifications have to be complied with.
We wanted to use a property lawyer in Leyton for our home move. Our financial adviser informed us that our mortgage lenders Bank of Ireland won't deal with them. Why is this not regarded as unduly restrictive?
Lenders in the main restrict either the type or the amount of conveyancing practices on their panel. Typical examples of such restriction(s) being that a law practice must have two or more partners. As well as restricting the profile of firm, some have decided to limit the amount of firms they allow to represent them. Be aware that Bank of Ireland have no responsibility for the quality of advice provided by any member of Bank of Ireland Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of solicitor panels a few years ago even though there remains mixed views concerning the extent of solicitor engagement in some of that fraud. Data from the Land Registry indicate that hundreds of law firms, including some in or near Leyton only execute one or two conveyances per annum.
We are selling our property in Leyton and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. Any local lawyer would know that there is no such problem. For the life of me I don't know why the purchasers used an online conveyancing practice as opposed to a conveyancing solicitor in Leyton. Having lived in Leyton for 4 years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing solicitor already. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
Just had an offer accepted on a new build apartment in Leyton. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Leyton
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please supply a car parking plan. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
I am in need of some leasehold conveyancing in Leyton. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and 99.9% are in Leyton - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have had difficulty in seeking a lease extension in Leyton. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We are happy to put you in touch with a Leyton conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Leyton property is 12 Nutfield Road in July 2014. the Tribunal judged that the price to be paid by the applicants for the freehold interest should be £19,572 This case related to 2 flats. The unexpired lease term was 72.02 years.