I have given 2 months notice to my existing landlord and have to vacate my rented property in Fareham by the end of next month. Conveyancing on my purchase is progressing. Can I complete in six weeks as don't want to have to find temporary accommodation?
It is unwise to provide notice for your lease unless exchange of contracts has taken place. If you have not previously done so, speak to your solicitor and ask them to they seek the assistance the other lawyers, try to an acceptable time-line that everyone will aim to achieve
Having sold my house in Fareham last November but my buyer keeps telephoning every few hours to say their lawyer is waiting to hear from mine. What should have happened now that I have sold?
Following your sale your conveyancer should forward the transfer deeds and all of the paperwork to the buyer’s solicitors. Where appropriate, your lawyer should also confirm that the legal charge in favour of the lender has been redeemed to the purchasers solicitors. There is unlikely to be post completion formalities just for conveyancing in Fareham.
I had intended to instruct a property lawyer in Fareham for our house purchase. Our financial adviser has since notified us that our mortgage lenders Clydesdale won't deal with them. Why is this not regarded as unduly restrictive?
Mortgage Companies on the whole imposes restrictions either the category or the amount of conveyancing firms on their member panel. A common example of such restriction(s) being that a firm must not be a sole practitioner. As well as restricting the type of firm, some have reduced the number of solicitor practices they use to act for them. You should note that Clydesdale have no responsibility for the quality of advice provided by any member of Clydesdale Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of solicitor panels since 2008 even though there are mixed views about the extent of solicitor engagement in some of that fraud. Statistics from the Land Registry indicate that plenty of law firms, including some in or near Fareham only perform a couple conveyances per annum.
Is it best to go with a Fareham conveyancing practitioner based in the area that I am hoping to buy? An old friend can deal with the legal formalities however they are based approximately 350miles drive away.
The primary upside of using a local Fareham conveyancing practice is that you can drop in to execute documents, hand in your identification documents and pester them if necessary. They will also have local insight which is a benefit. That being said it's more important to get someone that will pull out all the stops for you. If if people you trust used your friend and in the main were happy that should outweigh using an unknown Fareham conveyancing lawyer solely due to them being based in the area.
I only have 62 years left on my flat in Fareham. I am keen to get lease extension but my freeholder is missing. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you have made all reasonable attempts to locate the lessor. For most situations a specialist may be useful to try and locate and prepare an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court overseeing Fareham.
Fareham Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
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Make sure you enquire if the the lease contains any unreasonable restrictions in the lease. By way of example some leases prohibit pets being allowed in in a block in Fareham. If you like the apartmentin Fareham but your cat is not allowed to live with you then you will be faced hard determination. Generally speaking the cost for major works tend not to be wrapped into the maintenance charges, albeit that some managing agents in Fareham require leaseholders to pay into a sinking fund created for the specific purpose of establishing a fund for larger works. The prefered form of lease structure is a share of the freehold. In this situation the leaseholders enjoy control and notwithstanding that a managing agent is frequently employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.