Having sold my house in Crystal Palace last May but the buyer keeps telephoning me complaining that their lawyer is waiting to hear from mine. What should have happened now that I have sold?
Following your sale your solicitor should send the transfer deeds and all supplemental paperwork to the purchaser's lawyers. Depending on the transaction, your conveyancer must also evidence that the legal charge in favour of the lender has been redeemed to the buyers conveyancers. There is unlikely to be post completion tasks unique to conveyancing in Crystal Palace.
I'm spending time looking at houses in Crystal Palace and I am about to put in an offer. Should I already have a property lawyer appointed at this stage? I will be getting a mortgage with Leeds Building Society.
It would be prudent to instigate your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. Given that you are obtaining a mortgage with Leeds Building Society, ask your prospective lawyers if they are on the Leeds Building Society conveyancing panel otherwise they can't do the mortgage legal work.
I have today made my last payment due on my mortgage with Virgin Money. I assume I don't need a Crystal Palace property lawyer on the Virgin Money panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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 Virgin Money has sent the Land Registry the discharge electronically, and
- Virgin Money has instructed the Land Registry to do so
After much negotiation I have agreed a price on a house in Crystal Palace. My financial adviser suggested a conveyancing practitioner. I paid an advanced payment of £225. A few days later, the conveyancing practitioner called me to say that they were not on the HSBC 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 HSBC 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.
I have a 4 bedroom Victorian property in Crystal Palace. Conveyancing lawyer acted for me and Lloyds TSB Bank. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold under the matching address. I thought I was buying a freehold how can I check?
You need to review 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 Crystal Palace and other locations in 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 purchasers. You can also check the situation with the conveyancing practitioner who completed the work.
I need to appoint a conveyancing solicitor for purchase conveyancing in Crystal Palace. I have discover a site which seems to have the perfect answer If it is possible to get all this stuff done via phone that would be preferable. Do I need to be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
Do you have any top tips for leasehold conveyancing in Crystal Palace with the intention of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Crystal Palace can be reduced where you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ representatives. If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Arranging a new share certificate can be a lengthy process and delays many a Crystal Palace home move. If a duplicate share certificate is necessary, do contact the company officers or managing agents (where relevant) for this sooner rather than later. If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as over rather than unsettled. You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the lease term is less than 80 years. It is therefore essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Crystal Palace state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. Where you fail to have the consents to hand do not contact the landlord without checking with your conveyancer in advance.
Following years of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Crystal Palace. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
if there is a absentee freeholder or where there is dispute 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 LVT to calculate the price payable.
An example of a Lease Extension decision for a Crystal Palace flat is Flat 5 4 Border Crescent in December 2013. the tribunal calculated that premium payable for the acquisition of a lease extension of the subject premises was in the sum of £14,900 (Fourteen thousand, nine hundred pounds). Those advising the applicant were advised to send a copy of the decision and a copy of the new lease with the premium (less the applicants costs as assessed by the Court) to the Croydon County Court (under claim number 3CR01226) for an officer of the Court to execute the new lease on behalf of the absentee landlord who is missing and cannot be traced). This case was in relation to 1 flat. The remaining number of years on the lease was 69 years.
Can you please explain what my options are if my Crystal Palace conveyancing searches shows adverse results?
Usually, almost all adverse entries arising from Crystal Palace conveyancing search responses can be handled before completion or indemnity insurance may be taken. You need to remember that regardless of the fact that you may be purchasing the property and may be content to accept the search results, your mortgage lender may not, and when all said and done have the final decision.