My partner and I have just acquired a house in Clerkenwell. We have since encountered a number of problems with the property which we believe were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been conducted as part of conveyancing in Clerkenwell?
The query is vague as what problems have arisen and if they are relate to conveyancing in Clerkenwell. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the process, the vendor completes a questionnaire known as a Seller’s Property Information Form. answers is incorrect, then you may have a 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 Clerkenwell.
Have just purchased a repossessed house at auction in Clerkenwell. Conveyancing is required. What happens now?
Now that you are for all intents and purposes signed on the dotted line you will need to instruct a conveyancing lawyer soon as you will have a fast approaching a fixed date to complete the purchase. Every auction property should have a corresponding auction set of papers. This will likely include the copy title deeds, local authority and drainage searches. Where you are dealing with leasehold property the auction pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation relating to leasehold premises. You need to pass this on to the solicitor instructed by you as soon as possible. You also need to ensure that that you have the requisite funding in place to complete the transaction on the set completion date.
I have paid off my mortgage with Kent Reliance. I assume I don't need a Clerkenwell property lawyer on the Kent Reliance panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Kent Reliance 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 Kent Reliance mortgage from the register. Kent Reliance, 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 Kent Reliance has sent the Land Registry the discharge electronically, and
- Kent Reliance has instructed the Land Registry to do so
After months of negotiation I have agreed a price on an apartment in Clerkenwell. My mortgage broker suggested a conveyancer. I paid an on account payment of £175. Not long after, the lawyer called me embarrassingly acknowledging that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
The deeds to our house are lost. The lawyers who handled the conveyancing in Clerkenwell 4 years ago no longer exist. What do I do?
Gone are the days when you need to hold title official documentation to establish that you are the registered proprietor of land or premises, as the Land Registry have everything they need in a digital format.
Over the last few months I have been searching for a ground for flat up to £235,500 and identified one close by in Clerkenwell I like with a park and railway links in the vicinity, however it only has 61 remaining years left on the lease. There is not much else in Clerkenwell in this price bracket, so just wondered if I would be making a mistake purchasing a lease with such few years left?
If you need a home loan the remaining unexpired lease term will be a potential deal breaker. Discount the price by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for a minimum of twenty four months you could ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should speak to your conveyancing lawyer about this.
Jane (my partner) and I may need to rent out our Clerkenwell garden flat for a while due to taking a sabbatical. We instructed a Clerkenwell conveyancing practice in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Some leases for properties in Clerkenwell do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I am the proprietor of a a ground floor purpose built flat in Clerkenwell. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?
in cases where there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to assess the premium.
An example of a Lease Extension case for a Clerkenwell property is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case was in relation to 1 flat. The unexpired residue of the current lease was 66.8 years.
Would local authority permission be needed to change a single dwelling into multiple flats in Clerkenwell? This has taken place to a house adjacent to my house in Clerkenwell and was unaware of it happening until after the works were finished.
Planning Permission yes. Building Reg Approval yes.