My fiance and I swapping mortgage lender for our apartment in Dalston with Skipton. We have a son 19 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have two questions (1) Is this form unique to the Skipton conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Skipton. This is solely used to protect Skipton if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Skipton had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
The Dalston conveyancing lawyers that just started acting on my purchase in Dalston have suddenly closed. They were on acting for me because I had to have a lawyer on the Santander conveyancing panel and my previous Dalston lawyer was not. I gave my credit card details for them to take one hundred and fifty pounds for searches. What are my options?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Santander conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help.
My wife and I are spending time viewing houses in Dalston and I am about to put in an offer. Is it advisable to have my lawyer on ‘stand by’? I am planning to take a mortgage with Kent Reliance.
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 selling agent. As you are obtaining a mortgage with Kent Reliance, make sure you remember to check that your lawyer is on the Kent Reliance conveyancing panel.
After weeks of negotiation I have agreed a price on a house in Dalston. My mortgage broker suggested a conveyancer. I paid an advanced payment of £175. A few days later, the solicitor contacted me sheepishly admitting that they were not on the Leeds Building Society 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 Leeds Building Society 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.
Lloyds have agreed my home loan in principle, my offer on a house in Dalston has been accepted, what happens next?
The property agent will need to know who your solicitors are (make sure the lawyers are on the bank’s approved list). Contact Lloyds or the broker and complete any appropriate forms. Lloyds will appoint a valuer who will get in touch with the estate agent or vendor to arrange an appointment. Once conducted (assuming no problems) it takes about a week for the mortgage offer to be issued. Lloyds will issue the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Dalston.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a quick, chain free conveyancing. Dalston is the location of the property. Is there any guidance you can give?
Flying freeholds in Dalston are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Dalston you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Dalston may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
We're novice buyers - had an offer accepted, yet the selling agent has warned us that the owners will only issue a contract if we appoint their preferred conveyancers as they are insisting on a ‘quick sale’. We would rather use a high street conveyancer accustomed to conveyancing in Dalston
We suspect that the owner is unaware of this requirement. If they desire ‘a quick sale', taking such a hostile approach to a motivated buyer is likely to cause more damage than good. Speak to the owners direct and explain that (a)you are motivated buyers (b)you are excited to move forward, with finances arranged © you do not need to sell (d) you wish to move quickly (e)but you will continue to instruct your own,trusted Dalston conveyancing lawyers - as opposed tothe ones that will give the negotiator at the agency a referral fee or meet his conveyancing thresholds demanded by corporate headquarters.
Completion is due on our sale of a £475,000 apartment in Dalston in 10 days. The managing agents has quoted £312 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Dalston?
For most leasehold sales in Dalston conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
Answering pre-exchange enquiries
Where consent is required before sale in Dalston
Supplying insurance information
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
I have had difficulty in trying to reach an agreement for a lease extension in Dalston. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a Dalston conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Dalston premises is 150 Amhurst Road in December 2013. The tribunal concluded that the premium to be paid by the applicant for the enfranchisement of the subject property was £43,500. This case affected 4 flats. The number of years remaining on the existing lease(s) was 90 (or thereabouts).