Having sold my house in Earls Court last July but the buyer keeps calling me complaining that his conveyancer is waiting to hear from mine. What should have happened following completion?
Following your sale your lawyer should deliver the transfer documentation and all additional paperwork to the buyer’s solicitors. If applicable, your solicitor must also evidence that the home loan has been redeemed to the buyers conveyancers. There are no post completion procedures peculiar conveyancing in Earls Court.
The deeds to our house are lost. The conveyancers who handled the conveyancing in Earls Court 5 years ago no longer exist. What do I do?
Assuming the title is registered the details of your ownership will be documented by HMLR with a Title Number. It is easy to execute a search at the Land Registry, locate your property and obtain up to date copies of the Registered Entries for a small fee. Where the title is Leasehold then the Land Registry will also normally hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
I'm purchasing my first flat in Earls Court with a loan from The Royal Bank of Scotland. The developers would not reduce the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep told me not reveal to my conveyancer about this extras as it could affect my mortgage with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what was supposed to be a straight forward, chain free conveyancing. Earls Court is where the house is located. Is there any advice you can give?
Flying freeholds in Earls Court 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 Earls Court you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Earls Court 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 residence.
What does commercial conveyancing in Earls Court cover?
Earls Court conveyancing for business premises incorporates a wide range of services, given by qualified solicitors, relating to business premises. For instance, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of tenancies.
I've recently bought a leasehold flat in Earls Court. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).
Following years of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Earls Court. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most certainly. We can put you in touch with a Earls Court conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Earls Court residence is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case was in relation to 5 flats. The unexpired term as at the valuation date was 38.98 years.