We are due to exchange on the purchase of a house in Brixton but as a result of damage from some water damage at the property I have managed to agree compensation from the seller of three thousand pounds taking the form of a deduction in the price. This was going to be addressed as part of amending the contract yet RBS are not allowing this. Should they have been notified?
Any property lawyer that is on the RBS approved list is required to disclose to RBS of any variations to the purchase price. If you prohibit your conveyancer to disclose the reduction to RBS then they would have to discontinue acting for you. In addition, RBS and you would have to appoint a new property lawyer for your conveyancing in Brixton.
Will our solicitor be asking questions about flooding during the conveyancing in Brixton.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Brixton. There are those who acquire a property in Brixton, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not best placed to impart advice on flood risk, however there are a various checks that may be carried out by the buyer or on a buyer’s behalf which should figure out the risks in Brixton. The conventional set of property information forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the seller to discover whether the property has ever been flooded. If flooding has previously occurred which is not revealed by the owner, then a buyer could bring a legal claim for losses resulting from an inaccurate response. The purchaser’s conveyancers will also commission an environmental report. This will reveal if there is any known flood risk. If so, additional inquiries should be conducted.
Are there restrictive covenants that are commonly identified as part of conveyancing in Brixton?
Restrictive covenants 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…’
Given that I am about to spend hundreds of thousands of pounds on a house in Brixton I would like to talk to a solicitor concerning theconveyancing in advance of instructing the firm. Can this be arranged?
We could not agree more - it is our preference to talk to you we do not take any clients on without you first talking to the solicitor who will be conducting your property ownership legalities in Brixton.There is no ‘factory style conveyancing’ - each client is an important person, not a case reference. The law firms that we put you in touch with believe that the fees you are provided with for residential conveyancing in Brixton should be the amount on the final invoice that you are charged.
Having spent months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Brixton. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
if there is a missing freeholder or where there is disagreement about what the lease extension should cost, 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 assess the premium.
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 was in relation to 3 flats. The unexpired term was 72.58 years.
What makes a Brixton lease problematic?
Leasehold conveyancing in Brixton is not unique. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:
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Clauses dealing with recovering service charges for expenditure on the building or common parts.
You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Bank of Scotland, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.
We are about to purchasing a property in Brixton. Conveyancing is not yet done but we would like keep our transaction price confidential from the likes of Rightmove. Is this possible and how?
HMLR are legally bound to disclose price paid information on the official title for residential properties countrywide which includes homes in Brixton. The register of title is an open document, so HM Land Registry would be breaching their statutory duty excluded certain properties such as the one in Brixton.
You can ask HM Land Registry to withhold the amount paid entry yet the answer would be a No.