I do hope you can assist me. My Brockley conveyancer is advising me that he is legally obliged toorder Brockley conveyancing searches becausethe firm are on the HSBCconveyancing panel. These Brockley checks cost a lot of money can this be avoided?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company 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 follow the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Brockley conveyancing searches.
As I am unsure how the conveyancing process works what is the most important number one tip you can give me concerning purchase conveyancing in Brockley?
You may not hear this from too many lawyers but conveyancing in Brockley or throughout England and Wales is often a confrontational experience. In other words, when it comes to conveyancing there exists plenty of opportunity for confrontation between you and others involved in the house moving process. For example, the seller, estate agent and sometimes the lender. Selecting a law firm for your conveyancing in Brockley is a critical decision as your conveyancer is your adviser, and is the SOLE party in the process whose role it is to protect your legal interests and to keep you safe.
On occasion a potential adversary may attempt to convince you that you should follow their advice. For example, the selling agent may claim to be assisting by suggesting your conveyancer is dragging his heels. Or your financial adviser may try to convince you to do something that is against your lawyers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I own a terraced Edwardian property in Brockley. Conveyancing solicitor acted for me and Nottingham Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold under the exact same property. Is it worth asking Nottingham Building Society to clarify?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Brockley and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with the conveyancing practitioner who conducted the purchase.
I have been on the look out for a flat up to £305k and identified one close by in Brockley I like with open areas and station nearby, the downside is that it only has 51 years unexpired on the lease. I can't really find anything else in Brockley for this price, so just wondered if I would be making a mistake acquiring a short lease?
Should you require a home loan the shortness of the lease will likely be problematic. Discount the offer by the anticipated lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of 2 years you may request that they commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer regarding this matter.
How easy is it to use the search facility to get a quote from a conveyancing solicitor in Brockley on the panel for my bank?
1st pick a lender such as Halifax, Coventry Building Society or Clydesdale then choose your preferred area such as Brockley. Conveyancing firms in Brockley and nationally should be shown.
I've recently bought a leasehold flat in Brockley. Do I have any liability for service charges relating to a period prior to my ownership?
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. A critical element 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).
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Brockley conveyancing firm to help?
Absolutely. We are happy to put you in touch with a Brockley conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Brockley property is Flat b 14 Kemble Road in May 2014. The Tribunal assessed the value of the premium payable for the lease extension to be £9,761 This case related to 1 flat.