My partner and I have lately purchased a property in Chessington. We have noticed several problems with the house which we believe were missed in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been carried out for conveyancing in Chessington?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Chessington. Conveyancing searches and investigations initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller answers a form referred to as a SPIF. If the information ends up being inaccurate, you may have a misrepresentation claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Chessington.
About to purchase a new build apartment in Chessington. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Chessington
Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please confirm the Lease plans are surveyor prepared.
I'm remortgaging my current home to a BTL mortgage with Nationwide Building Society and I will use the ballance of the raised equity towards another house. The area we are talking about is Chessington. Will your lawyers be able to act for the two mortgage companies and link together the conveyances?
Do use our search tool on this site to be sure that the lawyers are on the appropriate lender panels. Having checked that they are the conveyancer should be able to connect the two conveyancing matters but you should talk with you lawyer and communicate your desired outcome and needs.
Should I appoint a Chessington conveyancing solicitor who is local to the property I am purchasing? I have an old university friend who can deal with the legal formalities however her office is approximately 350miles away.
The primary upside of using a local Chessington conveyancing practice is that you can visit the firm to sign paperwork, hand in your identification documents and pester them where appropriate. They will also have local insight which is a plus. However nothing is more important than finding someone that will pull out all the stops for you. If you know people who instructed your friend and in the main were happy that should outweigh using an unfamiliar Chessington conveyancing lawyer just because they are round the corner.
My wife and I have hit a brick wall in trying to purchase the freehold in Chessington. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a Chessington conveyancing firm who can help.
An example of a Lease Extension case for a Chessington property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.
What makes a Chessington lease unacceptable for security purposes?
There is nothing unique about leasehold conveyancing in Chessington. All leases are drafted differently and drafting errors can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:
Repairing obligations to or maintain parts of the building A duty to insure the building
You may have difficulties 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, Chelsea Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to pull out.
My wife and I are buying a garden flat in Chessington. When we first instructed lawyer, we were told they were on all major UK bank panels. Our financial adviser emailed just now to say that they are not on the Skipton approved list. If it turns out to be true, what should we do? Do we just choose a new solicitor that is on their panel or should we cover the costs for dual representation, with Skipton appointing their own preferred conveyancer.
When buying a property with the benefit of a mortgage it is conventional for the buyer’s solicitors to also act for the mortgage company. In order to act for a bank or building society a solicitor has to be on that lender's conveyancing panel. An application has to be made by the property lawyer to the lender to become a member of the lender's panel and there are increasingly strict conditions which the conveyancer has to satisfy. Some mortgage companies now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should call Skipton to discover if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on Skipton's conveyancing panel as you are at liberty to use your preferred Chessington lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another property lawyer into the mix.