My husband and I are buying a newly built apartment in Brentford and my lawyer is advising me that she is duty bound to the lender to reveal incentives from the seller. I am nearing the developer’s deadline to exchange and my preference is not to delay matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
A colleague informed me that in purchasing a property in Brentford there may be a number of restrictions preventing external alterations to a property. Is this right?
We are aware of anumerous of properties in Brentford which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Brentford should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am expecting a AIP from Lloyds this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Lloyds recommend any Brentford solicitors on the Lloyds conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Brentford solicitors independently although you'll need to choose one on the Lloyds conveyancing panel. The solicitor represents both you and Lloyds through the process.
I have paid off my mortgage with Santander. I assume I don't need a Brentford lawyer on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
Will our lawyer be raising questions regarding flooding as part of the conveyancing in Brentford.
The risk of flooding is if increasing concern for solicitors conducting conveyancing in Brentford. There are those who acquire a house in Brentford, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, but there are a number of searches that may be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in Brentford. The conventional set of completed inquiry forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the seller to determine if the property has suffered from flooding. In the event that the residence has been flooded in past and is not disclosed by the seller, then a purchaser could bring a compensation claim stemming from an incorrect reply. A purchaser’s solicitors will also commission an enviro search. This should indicate whether there is a recorded flood risk. If so, additional inquiries should be carried out.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Brentford?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Brentford. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am purchasing my first flat in Brentford with a mortgage from Chelsea Building Society. The sellers refused to reduce the price so I negotiated five thousand pounds worth of extras instead. The sale representative told me not to tell my lawyer about this side-deal as it may adversely affect my mortgage with Chelsea Building Society. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer 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.
Having checked my lease I have discovered that there are only Seventy years remaining on my flat in Brentford. I now want to extend my lease but my landlord is can not be found. What should I do?
On the basis that you meet the appropriate requirements, 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the freeholder. On the whole a specialist may be useful to conduct investigations and prepare a report to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Brentford.
My wife and I have hit a brick wall in trying to purchase the freehold in Brentford. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to judgment on the amount due.
An example of a Freehold Enfranchisement case for a Brentford property is 105 & 105A Seaford Road in July 2013. The tribunal determined that the price payable for the freehold interest in the Property was £43,985 . This sum was to be paid into Brentford County Court to enable the matter to proceed This case affected 2 flats.