Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

Hi @MummytoGeorgie. I took your advice re: speaking to a Manager at the HA (re: Buildings Insurance). Turns out they provided me with the incorrect certificate, and confirmed they do insure the Building. They have sent over the information to my solicitor. I have been chasing the HA on a daily basis, I am sure they are fed up of me. Thanks so much for helping advise me on this.

I have another query if I may. A few weeks ago the Buyers Solicitors was asking for a DoV in relation to Ground Rent. My Solicitor explained the issues around Ground Rent, and mine is not onerous (doubling etc). I pushed back on this, and reminded the Buyer's Solicitor (and my own!) that the property is in London (they didn't realise), and it never reaches AST level even at the end of the Lease. At the same time I checked the CML Handbook for requirements as I knew my Buyer's Lender.

My Solicitor wasn't helpful and luckily he was on annual leave so someone else started looking at my case and agreed that we should push back on the "Lender may not lend" comment from the Buyer's Solicitor. We asked for evidence that Lender needed DoV. We heard nothing, I chased it and I was told the enquiry had been referred to another team at the Solicitors. Anyway, last week I was told that this Enquiry is now no longer on the list, and my Solicitor has advised that because it is removed it is addressed and closed. I asked him whether it had been removed because it had been "referred" to someone else/ another team, but he said if that was the case it would stay on the list. Essentially, when Enquiries are removed does that mean they have been addressed?

@areyouhavingagiraffe hello! Ah great news you got the correct certificate :-) sometimes it's just easier to chase yourself as solicitors will chase every few days but you can be on it daily and pester them to get what you need quicker. Not always good when you're paying someone for a service but it does ultimately help.

When an enquiry is closed it's removed, finished, doesn't need any attention anymore so I guess they dropped it when the new team picked it up realised that the ground rent isn't an issue as in London and assuming under £1000 per annum and the increases (if possible) doesn't exceed £1000 per annum.

Good job someone did look at it but at least you don't have to worry that this will be raised again!

:-) xx

Great @MummytoGeorgie. Yes, I have been told its removed. Yes was disappointed that my solicitor said we should go for a DoV, and it was only once I had done some research that I argued my case, put it in writing to my Solicitor. Thanks again!

@MummytoGeorgie, I also asked my Solicitor three times to make sure it still wasn't on the list! Ha ha, think he is also getting sick of me

@areyouhavingagiraffe haha that's bad though it shouldn't be down to you to his/her job!

Hope you get to completion ASAP good luck xx

@MummytoGeorgie Many thanks for doing this, you are so kind!
I'm FTB and have just got an offer accepted, so still very much a newbie in all of this. If you don't mind please can I ask two questions?

1. Normally when will I have to transfer the full amount of mortgage deposit to the solicitors? I'm planning to have 20% deposit, about 15% of which I can withdraw immediately from savings/LISA, but 5% will be a gift donation from my mother. She has it in a fixed term deposit account which will can be withdrawn in 2 months' time. As we have just started the process I don't think completion can happen until late August, but do I need to have that 5% from my mom transferred into my account earlier?
2. At which point in the process should I send my questions to my solicitors so they can ask the buyer? (I want to see the 3 years of management charge and details of any upcoming refurbishment). Thank you so much!

@MummytoGeorgie hello lovely its me again! So the solicitor got back to me and has proposed those dates to the vendor for completion so it ties in with the ending of my rental so hopefully they agree

Could I be cheeky and ask one last question? She said all the searches are back and she will now do the report for us with a view to exchange in 2 weeks -, should we have had the fixtures and fittings list thing already or will that come with the report she does for us? I only ask as my colleague is also buying at the moment and had hers ages ago?!

@Okigen

Hello

Ah you are welcome and of course, I respond to your questions using the same numbering:

1.	you will need to transfer your deposit just prior to exchange of contracts when all matters have been finalised and you have signed all paperwork. Your solicitor will advise you when to transfer. Advise your solicitor of the LISA acc as they will need to take further steps to draw down funds. Re the gift your mother will need to provide evidence of source of funds as well as her ID (photo and proof of address). She may also need to sign a declaration as some lenders require this. Your solicitor may also be required to report the gift to your lender for their consent depending on who the lender is… Your solicitor may charge extra for the gift element so do check with them. If any funds are coming from you (other than LISA/gift) you will also be required to provide evidence of source of funds. I would recommend you get your source of funds requirements sorted as early as possible in the transaction to avoid any unnecessary delays nearer exchange. I Wouldn’t get your mum to transfer the funds to you yet until such time as the source of funds have been finalised.
2.	I assume that you are purchasing a leasehold property. As part of the solicitors enquiries they will request the sales pack from the management company which will contain information of the last three years accounts as well as any upcoming refurbishments that may affect you. You can send your enquiries to the your solicitor as soon as you have instructed one and they will ensure that these are incorporated when they raise their own enquiries.

Xx

@Pissoi hey, glad you're nearly there! Some solicitors send the fittings and contents form at the outset to their clients to review but others don't send it until they report to their client prior to exchange so don't worry about not having yet received it just ensure that you have had sight of it and are happy with it prior to exchange.

Xx

@MummytoGeorgie Thank you so much

[quote MummytoGeorgie]@Okigen

Hello

Ah you are welcome and of course, I respond to your questions using the same numbering:

1.	you will need to transfer your deposit just prior to exchange of contracts when all matters have been finalised and you have signed all paperwork. Your solicitor will advise you when to transfer. Advise your solicitor of the LISA acc as they will need to take further steps to draw down funds. Re the gift your mother will need to provide evidence of source of funds as well as her ID (photo and proof of address). She may also need to sign a declaration as some lenders require this. Your solicitor may also be required to report the gift to your lender for their consent depending on who the lender is… Your solicitor may charge extra for the gift element so do check with them. If any funds are coming from you (other than LISA/gift) you will also be required to provide evidence of source of funds. I would recommend you get your source of funds requirements sorted as early as possible in the transaction to avoid any unnecessary delays nearer exchange. I Wouldn’t get your mum to transfer the funds to you yet until such time as the source of funds have been finalised.
2.	I assume that you are purchasing a leasehold property. As part of the solicitors enquiries they will request the sales pack from the management company which will contain information of the last three years accounts as well as any upcoming refurbishments that may affect you. You can send your enquiries to the your solicitor as soon as you have instructed one and they will ensure that these are incorporated when they raise their own enquiries.

Xx
[/quote]
Oh, thank you so much for replying so quickly! And hope everything is going well with your little one
My mother is living in Asia. So for proof of her address shall we provide the same requirements here i.e. bank statement with the address on it or we'll have to prepare something extra? (The place she currently lives in belongs to her sister, so she doesn't have ownership paperwork. We do have something called the "Certificate of Residency" issued by local government but it's not written in English so I'll need to find a translator asap.

@Okigen Hello, you are most welcome. As your mother is living abroad her ID paperwork will need to be notarised (not certified) by a notary public. Within need to provide the original notarised copies to your solicitor.

If her accounts or any information are not in English then they will need to 1st be translated by reputable company before being notarised too.

I would recommend that you check first with your solicitor that you instruct exactly what requirements they have as every firm differ slightly.

For example one firm might only need one proof of address and another might require two.

As for her living with her sister, she won't need to provide ownership paperwork just proof of address or a bank statement, utility bill or similar.

Xx

@MummytoGeorgie Thank you so much. I'll email the solicitor and see what they require.

Hi MummytoGeorgie how much do you charge for mumsnet hours? :)

I have a question if that's ok. We've put an offer on a house but sellers are having problems deciding who gets what in the proceeds as part of their divorce settlement. It's holding everything up!! Is there anyway we can carry on the process and let buyers and their solicitor sort out how they will divide the money??

@MummytoGeorgie thank you so much for your patience in answering all the Mumsnet queries.
I was hoping someone might have asked my question to save me troubling you with another.
Mine is about Stamp Duty. I am selling and buying. I have looked this up on the Govuk website and it seemed to me that I would not be due to pay SDLT on my purchase, but my solicitor thinks I do. I am selling my main (only) residence and my purchase will be my main (only) residence. It is possible that my purchase may complete before my sale. I am selling for 305k and my purchase is 126k (huge downsize). I don't have a completion date for either as yet but it should be in the next 8 to 10 weeks.

@Bluebellbike if you look on the gov website there are some examples in the guidance. Essentially it comes down to - 'will you own two houses at the end of the day you purchase your new main residence?' If yes - you pay the additional property stamp duty, even if the sale of your previous main residence happens the next day or next week. But you can claim it back (if it's sold within 3 years)

Here you go:

@Cocoaone thank you so much. I had been told that I could claim it back by a tax advisor, but my solicitor is sceptical about this. I happy to have the information now so I can reclaim it once my house is sold.

@lucysnowe2 haha only £100 per minute 🤣🤣 (joke)

A solicitor acting for a seller won't complete until the distribution of sale proceeds is settled. If the sellers cannot agree how the proceeds will be split then it usually goes to court and takes months to get a court order so it is best if they can sort it now.

I would try to have a chat with the agent and tell them you can't wait forever and you need to exchange ASAP so you need clear instructions as to whether they will be coming to an agreement or not.

Sorry I can't provide better news- hope they come to a decision and you manage to complete!

Xx

@Bluebellbike hello, you will be liable to pay the higher rate stamp duty if you complete the purchase before the sale.

If you complete the sale and purchase on the same day then the lower rate of stamp duty would apply.

@Cocoaone 👏👏👏

Xx

Thankyou Mummy :) we really don't want to lose this house but I think an ultimatum is necessary!

I knew I’d be back when the enquiries came in!

We have a conservatory. Was here long before us (we’ve been in 15 years) and before the previous owner. Solicitor has asked for either written covenant consent or an indemnity insurance policy at our expense. Our solicitors haven’t marked the enquiry for our attention, there is 11 enquiries on the list, and only 10 *’s. If that makes sense 🤣 does that mean they’ve missed it, or are looking at it themselves. And politely telling them to do one 🤣🙈 is this insurance something I should be paying for?!

And many many thanks @MummytoGeorgie for this life saving resource 🎊

Thank you for offering such valuable help @MummytoGeorgie

I have a quick question, I have just posted a thread about this so hope that's ok. I'm selling a Housing Association property and my buyer has suddenly (a few days before exchange) asked for a significant reduction in sale price. Long story short: the HA gave consent for me to install wooden flooring over a decade ago but it was via e-mail and I longer have a copy of that e-mail. They will not resend consent now (HA merged with another one, policies have changed) but have confirmed in writing that the flooring is fine after inspecting it and would only have to be removed if my downstairs neighbour complains about any noise.

Neighbour has not complained in the 12 years the flooring has been in place and has also confirmed in writing that he cannot hear any sound from my property. Despite this the seller is allegedly concerned about a theoretical future complaint and wants a reduction to cover her costs in case she has to remove the flooring.

I am trying to find out if I can get an indemnity policy to cover any future issues but my solicitor advised that it would difficult to obtain this as the HA will not resend consent for the flooring now. Do you know if that is the case as I'm really not sure what the best course of action is. My sense is buyer is chancing her arm and I'm tempted to tell her to get lost and put it back on the market but would rather avoid all the hassle of remarketing!

Many thanks

[quote MummytoGeorgie]@Bluebellbike hello, you will be liable to pay the higher rate stamp duty if you complete the purchase before the sale.

If you complete the sale and purchase on the same day then the lower rate of stamp duty would apply.

@Cocoaone 👏👏👏

Xx[/quote]
@MummytoGeorgie thanks for confirming this. Is it also true that I can reclaim it when I sell my house? If not I will try to complete sale and purchase on the same day.

@MummytoGeorgie thank you so much for your reply.. this has really helped with understanding the timeline we should be on. Hope you had a good day and it wasn't too hot and stuffy for little George! I remember the hot summers when my girls were young.. it was so uncomfortable for them...