Can you help? My Brixton conveyancer is informing me me that he is legally obliged toapply for Brixton conveyancing searches resulting from the fact thatthe firm are on the Nat Westconveyancing panel. Do I not have any say here?
You have limited options available to you. As you are obtaining a home loan with a bank your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Brixton conveyancing searches.
As someone not used to the Brixton conveyancing process what’s the number one tip you can impart for the ownership transfer in Brixton
Not many law firms shout this from the rooftops but conveyancing in Brixton and elsewhere in South London is often a confrontational process. In other words, when it comes to conveyancing there exists lots of room for friction between you and others involved in the legal transfer of property. For example, the seller, selling agent and even potentially your mortgage company. Appointing a solicitor for your conveyancing in Brixton an important selection as your conveyancer is your adviser, and is the ONE person in the transaction whose role it is to act in your legal interests and to keep you safe.
Sometimes a third party with a vested interest will attempt to persuade you that it is in your interests to do things their way. For instance, the estate agent may claim to be helping by claiming that your solicitor is slow. Or your mortgage broker may tell you to do something that is contrary to your lawyers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I happen to be the single beneficiary of my late mum's estate with all property in now in my sole name, including the my former home in Brixton. The Brixton property was put into my name in February. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', which means that my property ownership could be considered the same way as though I had purchased the property in February. Do I have to wait half a year to sell?
The CML handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. How sensible a view mortgage companies take of it, depend on the lender as this clause is primarily there to pick up on the purchase and immediately sell or the quick reselling of property.
I have paid off my mortgage with Virgin Money. I assume I don't need a Brixton conveyancing practitioner on the Virgin Money panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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 Virgin Money has sent the Land Registry the discharge electronically, and
- Virgin Money has instructed the Land Registry to do so
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Brixton bank branch on a couple of occasions and was reassured it wasn't a problem and they would lend. My Brixton conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend in accordance with their published requirements. Who do I believe?
Your conveyancer has to follow the Council of Mortgage Lenders’ Handbook section two requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a simple, no chain conveyancing. Brixton is the location of the property. Can you shed any light on this issue?
Flying freeholds in Brixton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Brixton you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brixton 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.
My company is intending to lease a unit on a shopping parade. Can you recommend lawyers offering fixed fees for non-domestic conveyancing in Brixton for below £2000?
We can recommend firms who have specialist knowledge of commercial conveyancing in Brixton, including the sale and purchase of businesses as well as simply property. If you are intending to purchase or lease a shop, pub, restaurant, office, retail premises or a whole business we will find you the right solicitor. As for the charges these will vary based on the structure and nuances of the deal. Let us have your contact information or telephone so as to enable us to furnish you with comprehensive commercial conveyancing calculation.
Last October I purchased a leasehold flat in Brixton. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Following months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Brixton. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to determine the price.
An example of a Freehold Enfranchisement case for a Brixton flat 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 affected 3 flats. The number of years remaining on the existing lease(s) was 72.58 years.