Me and my fiance are acquiring a leasehold flat in Esher. My Solicitor is not on the lender solicitor panel. Am I still permitted to retain my Esher conveyancing solicitor notwithstanding that they are excluded from the lender panel of approved conveyancing solicitors?
You have numerous choices available to you here
- Proceed with your preferred Esher conveyancer but your lender will no doubt use a conveyancer from their approved panel. This will result in additional charges together with likely frustration.
- Appoint a new conveyancer to act in the purchase, obviously checking they are on the lender conveyancing panel.
- Appeal to your solicitor to seek to join the bank panel
My wife and I are buying a brand new flat in Esher and my solicitor is advising me that she is duty bound to the mortgage company to disclose incentives from the developer. I am under pressure to exchange and I would rather not prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I have recentlybecome aware that Wolstenholmes have closed. They carried out my conveyancing in Esher for a purchase of a freehold house 12 months ago. How can I be sure that my home is in my name in the name of the previous owner?
The quickest way to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Esher conveyancing specialists.
I opted to have a survey completed on a property in Esher in advance of instructing lawyers. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some mortgage companies will refuse to give a mortgage on a flying freehold premises.
It varies from the lender to lender. HSBC has different requirements from Birmingham Midshires. Should you wish to telephone us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Esher. Conveyancing will be smoother if you use a solicitor in Esher especially if they are acquainted with such properties in Esher.
Having checked my lease I have discovered that there are only 72 years left on my flat in Esher. I now want to get lease extension but my freeholder is can not be found. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to locate the lessor. In some cases an enquiry agent would be useful to conduct investigations and to produce an expert document to be used as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court covering Esher.
Notwithstanding our best endeavours, we have been unsuccessful in seeking a lease extension in Esher. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to assess the premium.
An example of a Lease Extension case for a Esher property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.
One month into purchasing a residence in Esher. Conveyancing lawyer has told us the title is "Leasehold". Should this impact the marketability of the house?
Esher conveyancing does not in most situations involve leasehold houses. The crucial consideration here is the length of lease and the ground rent. If it's 999 years with a nominal rent, it's essentially freehold, so it’s unlikely to affect the value significantly.
At the other end of the spectrum, if it's, say, Sixty years it will have a adverse impact on the saleability, and probably wouldn't be acceptable to the bank. The length of lease and ground rent will be stated in the lease to be supplied to your solicitor.