Having sold my house in Benfleet last June but my buyer keeps telephoning every few hours complaining that her solicitor needs to hear from mine. What should my lawyer have done following completion?
After completion of your disposal your conveyancer is obliged to forward the transfer documentation and all supplemental paperwork to the purchaser's solicitors. Where relevant, your conveyancer should also send confirmation that the home loan has been redeemed to the purchasers conveyancers. There is unlikely to be post completion formalities unique to conveyancing in Benfleet.
I used Stirling Law several years ago for my conveyancing in Benfleet. Now, I need my files however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Benfleet of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I'm buying a new build house in Benfleet with a loan from Bank of Scotland. The builders would not budge the price so I negotiated £7000 of fixtures and fittings instead. The sale representative suggested that I not reveal to my lawyer about this extras as it will put at risk my loan with Bank of Scotland. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a quick, chain free conveyancing. Benfleet is the location of the property. What do you suggest?
Flying freeholds in Benfleet are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Benfleet you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Benfleet may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
I am tempted by the attractive purchase price for a two maisonettes in Benfleet which have about 50 years left on the lease term. Do I need to be concerned?
There are no two ways about it. A leasehold flat in Benfleet is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it adversely affects the marketability of the property. For most purchasers and banks, leases with under 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Benfleet conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Benfleet Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
Be sure to investigate if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Benfleet. If you like the apartmentin Benfleet but your dog can’t live with you then you will be presented with a hard choice. Is there a share of the freehold? The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders benefit from being in charge if their destiny and even though a managing agent is often retained if it is larger than a house conversion, the managing agent acts for the leaseholders themselves.
I happen to be an executor of my recently deceased mum’s Will, with a house in Benfleet which will be sold. The house has never been registered at HMLR and I'm advised that some EAs will insist that it is in place before they will proceed. What's the procedure for this?
In the circumstances you refer to it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.