My fiance and I changing mortgage lender for our maisonette in Barnsbury with Leeds Building Society. We have a son 19 who lives with us. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Leeds Building Society conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) Does our son by signing this compromise his rights to inherit the property?
First, rest assured that your Leeds Building Society conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Leeds Building Society. This is solely used to protect Leeds Building Society if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Leeds Building Society had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I have an AIP. The bank mentioned the mortgage came with free conveyancing. Is the implication that I have to instruct their panel solicitor as I would prefer to appoint a Barnsbury based conveyancing firm?
Do check but the chances are that appoint one of their panel lawyers should you want the "fee-free" offer. Call the bank to determine if they allow a monetary alternative. In the past a few mortgage companies offered a £250 cashback as an alternative in which case that money can go towards your preferred conveyancing solicitor near Barnsbury.
I am helping my aunt sell her flat in Barnsbury. Will the conveyancer arrange the EPC or it is for me to coordinate?
Following the abolition of Home Packs, energy assessments was retained a required part of moving house. An EPC should be commissioned before the property is placed on the market. This is not as aspect of the sale process that lawyers normally organise. Where you are instructing a Barnsbury conveyancing lawyer they may be able to arrange EPC’s given their relationships with long established Barnsbury providers
My wife and I buying a 4 bedroom semi-detached house in Barnsbury. The intention is to carry out an extension to the side at the property.Will the conveyancing process include investigations to ascertain if these alterations are prohibited?
Your property lawyer should check the deeds as conveyancing in Barnsbury can on occasion identify restrictions in the title deeds which restrict categories of alterations or need the permission of another owner. Many works need local authority planning permissions and approval in compliance with building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these issues with a surveyor ahead of any purchase.
Intending to buy a house in Barnsbury. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Aldermore conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Barnsbury conveyancing practitioner is on the Aldermore conveyancing panel.
I opted to have a survey carried out on a house in Barnsbury in advance of instructing solicitors. I have been told that there is a flying freehold element to the house. The surveyor advised that some banks may not give a loan on a flying freehold home.
It depends who your proposed lender is. Santander has different requirements from Nationwide. If you call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Barnsbury. Conveyancing may be slightly more expensive based on your lender's requirements.
I only have Seventy years remaining on my lease in Barnsbury. I am keen to extend my lease but my freeholder is can not be found. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order 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 demonstrate that you have used your best endeavours to locate the landlord. In some cases a specialist may be useful to try and locate and prepare an expert document which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the application to the County Court covering Barnsbury.
Following years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Barnsbury. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a Barnsbury conveyancing firm who can help.
An example of a Lease Extension decision for a Barnsbury flat is Flat 120, Clare Court Judd Street in August 2013. the Tribunal held that the premium to be paid for the extension of the lease should be £64,650 This case related to 1 flat. The unexpired residue of the current lease was 62.79 years.
Is there a difference between surveying and conveyancing in Barnsbury?
Conveyancing - in Barnsbury or elsewhere - is the legal term given to transferring legal title of property from one person to another. It therefore includes the investigation of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you are purchasing and will help you discover the condition of the building and, if there are problems, give you a powerful reason for reducing the price down or asking the seller to remedy the defects prior to you move in.