It is is a decade since I bought my property in Brixton. Conveyancing solicitors have now been retained on the sale but I can't find my deeds. Will this cause complications?
Don’t worry too much. First the deeds may be kept by your mortgage company or they may be in the possession of the conveyancers who acted in your purchase. Secondly in all probability the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Brixton relates to registered property but in the rare situation where your property is unregistered it is more of a problem but is not insurmountable.
Does a directory service exist listing Lloyds panel solicitors in Brixton on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such facility on the Council of Mortgage Lenders or Building Society Association sites. A small selection of banks make their panel listings available online. If you are in need of a Brixton conveyancer on the Lloyds please make the most of our tool.
Two weeks ago we had a mortgage agreed in principle with Clydesdale. Brixton conveyancing practitioners were chosen. How long does it take for Clydesdale to send the offer to the property lawyer?
There is no definitive answer here. Have Clydesdale conducted the valuation? Have you informed Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I am currently in the process of buying my council flat in Brixton. I have a mortgage agreed with RBS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Brixton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Brixton. 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…’
Due to the encouragement of my in-laws I had a survey completed on a property in Brixton before retaining solicitors. I have been told that there is a flying freehold aspect to the house. The surveyor advised that some mortgage companies may refuse to grant a mortgage on a flying freehold home.
It depends who your proposed lender is. HSBC has different requirements from Halifax. Should you wish to telephone us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Brixton. Conveyancing may be slightly more expensive based on your lender's requirements.
I am attracted to a couple of flats in Brixton both have about 50 years left on the lease term. Do I need to be concerned?
There are plenty of short leases in Brixton. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the value of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Brixton conveyancing firm to assist?
Most definitely. We can put you in touch with a Brixton conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Brixton property is 66 Southwell Road in March 2012. By Order of Deputy District Judge Stone dated 25 January 2012 a vesting order was made. The determination of the purchase price was referred to the Tribunal who decided that the amount payable for the freehold should be£29,612.00 This case related to 3 flats. The number of years remaining on the existing lease(s) was 72.58 years.
Me and my wife have just had an offer agreed on a apartment and had an appointment on Wednesday with HSBC for the mortgage. They have informed me that when it comes to appointing a solicitor that if they are not on their approved list of conveyancing practitioners then we will incur a further fee of £200. This is is due to the fact that they would then have to appoint a conveyancer to act for them in addition to the one we select for ourselves and we are liable for their costs. I have asked HSBC to supply me with a list so I can request estimates only from their approved solicitors but was told they dont have such a list to hand over. Is their an easier way of going about this?
Ask HSBC what their criteria for joining their panel is for a conveyancer.Then ask the conveyancing practitioner of your choice whether they fit that criteria and have they acted on loans for HSBC previously. Where the answer to those is yes, then just clarify this with HSBC. Another option is to make use of our search facility and we may be able to identify a conveyancer in Brixton on the panel for HSBC.