What does my ID and proof of funds have anything to do with my conveyancing in Chiswick? Is this really warranted?
To satisfy the Money Laundering Regulations any Chiswick conveyancing firm will require evidence of your identity in all conveyancing transactions. This is normally dealt with by provision of a passport and an original bank statement or utility bill showing where you live.
Under Money Laundering Regulations, conveyancers are duty bound to validate not just the ID of conveyancing clients but also the origin of fund that they receive in respect of any matter. Refusal to disclose this may lead to your solicitor ending their retainer with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.
Your property lawyers are duty bound to make a disclosure to the appropriate authorities should they consider that any amounts received by them may contravene the Money Laundering Regulations.
My wife and I purchasing a detached bungalow in Chiswick. Our aim is to carry out an extension to the side at the house.Will legal work on the property include checks to ascertain if these alterations are permitted?
Your conveyancer should review the deeds as conveyancing in Chiswick will occasionally reveal restrictions in the title deeds which restrict certain works or necessitated the consent of a 3rd party. Some extensions require local authority planning permissions and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
My conveyancer has informed me that lack of right of way insurance is required on my purchase. What is the level of cover for Chiswick conveyancing?
The right level of lack of right of way indemnity insurance depends on your lender. It would differ for example between Nationwide Building Society and Barnsley Building Society. Conveyancing solicitors as opposed to borrowers take out such policies.
It is not clear whether my lender requires a lease extension. I have called into my local Chiswick building society branch on various occasions and was advised it wasn't an issue and they would lend. My Chiswick conveyancing solicitor - who is on the lender conveyancing panel- called to say that they would not lend in accordance with their published requirements. Who do I believe?
The conveyancing practitioner has to follow the Council of Mortgage Lenders’ Handbook section two specifications 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
We are downsizing from our property in Chiswick and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. Any high street Chiswick lawyer would know this is not the case. For the life of me I don't know why the buyers are using an online conveyancing practice rather than a conveyancing solicitor in Chiswick. Having lived in Chiswick for six years we know of no issue. Do we get in touch with our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
It has been 2 months since my purchase conveyancing in Chiswick took place. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Due to the encouragement of my in-laws I had a survey completed on a property in Chiswick prior to retaining solicitors. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some lenders may refuse to give a mortgage on this type of property.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. If you contact us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Chiswick. Conveyancing may be slightly more expensive based on your lender's requirements.
Last May I purchased a leasehold house in Chiswick. Am I liable to pay service charges for periods before my ownership?
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. However, 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).
We have reached the end of our tether in trying to purchase the freehold in Chiswick. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the price payable.
An example of a Lease Extension decision for a Chiswick premises is Flat 1 30 Ennismore Avenue in September 2010. the Tribunal adopted and arrived at a premium for the lease extension of £29, 900 This case affected 1 flat. The unexpired term was 68.34 years.