Our god-son is about to exchange on a newly built flat in Blackwall with a mortgage from UBS. His lawyer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the UBS conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the UBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I am helping my aunt sell her house in Blackwall. Will the conveyancing solicitor order the EPC or do I organise this?
Following the demise of HIPs, EPC’s was kept a mandatory component of selling a property. An energy performance certificate should be commissioned in advance of the property being put on the market. It is not something that lawyers normally organise. If you are using a Blackwall conveyancing solicitor they may help arrange energy performance certificates given their contacts with reputable Blackwall energy assessors
My wife and I have arranged the release of further funds on our mortgage from Nottingham as we want to carry out alterations to our home in Blackwall. Are we obliged to appoint a nearby Blackwall solicitor on the Nottingham conveyancing panel to deal with the legals?
Nottingham would not normally require a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Nottingham conveyancing panel.
The mortgage over my property is with Kent Reliance for my property in Blackwall. Conveyancing was finalised months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Kent Reliance?
Your original mortgage agreement with Kent Reliance will provide that you need their approval before letting out your property as this is likely to be a breach of Kent Reliance’s mortgage conditions. It may be that Kent Reliance will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Kent Reliance directly. You need not do this via a Kent Reliance conveyancing panel firm.
I have recentlyfound out that Stirling Law have closed. They conducted my conveyancing in Blackwall for a purchase of a leasehold flat 9 months ago. How can I establish that the property is not still registered in the name of the previous owner?
The easiest method to check if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Blackwall conveyancing specialists.
I need to appoint a conveyancing solicitor for leasehold conveyancing in Blackwall. I've stumble upon a site which appears to be the ideal offering If there is a chance to get all this stuff done via email that would be preferable. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
My wife and I may need to sub-let our Blackwall basement flat for a while due to taking a sabbatical. We used a Blackwall conveyancing firm in 2003 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your last Blackwall conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the property. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek permission from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord for their consent.
Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Blackwall. Can the Leasehold Valuation Tribunal adjudicate on premiums?
in cases where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the price payable.
An example of a Freehold Enfranchisement decision for a Blackwall flat is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case affected 3 flats. The unexpired term as at the valuation date was 101.61 years.
My a decade ago. He has got wed, divorced and is now married again. He now wishes to the sell the Blackwall property. I suspect that he will just be asked to provide a copy of the marriage certificates to the lawyer however he is anxious it could hold up the sale of the flat. Is it worth updating the Land Registry details for the house?
It is not absolutely necessary to update the register as long as you have the proof required to show how the change of name resulted.
The purchaser’s lawyer will review the registered information and require evidence to prove the name change e.g. marriage certificates.