I have given 2 months notice to my current landlord and must be out of my rented flat in Finsbury by 17/9/2020. Conveyancing for my house purchase is underway. How realistic is it to complete in three weeks as I wish to avoid having to move into temporary accommodation?
It is unwise to serve notice for your lease unless exchange of contracts has taken place. Assuming that you have not previously done so, contact to your lawyer and request that they chase the sellers lawyers, try to get a realistic time scale from them that all parties will look to achieve
My wife and I are in the process of looking at flats in Finsbury and I am now considering a potential offer. Should I already have a property lawyer appointed at this stage? I intend to finance via a mortgage with Santander.
It would be sensible to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their contact information on to the estate agent. As you are taking out a mortgage with Santander, ask your prospective lawyers if they are on the Santander conveyancing panel otherwise they can't do the mortgage legal work.
I recently had an offer accepted on a house in Finsbury. My financial adviser recommended their conveyancers. I paid an on account payment of £200. A few days later, the lawyer contacted me to say that they were not on the Bank of Ireland 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 Bank of Ireland 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.
UBS have agreed my home loan in principle, my bid on a house in Finsbury has been agreed to, now what?
The estate agent will need to be advised as to your lawyer's details (ensure that the property lawyers are on the bank’s panel). Call up UBS or the broker and complete any outstanding forms. UBS will instruct a valuer who will get in touch with the estate agent or seller to book an appointment. Once carried out (assuming no problems) it takes about a fortnight to get a mortgage offer. UBS will send the offer to you and your property lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Finsbury.
Will our solicitor be asking questions about flooding during the conveyancing in Finsbury.
The risk of flooding is if increasing concern for lawyers carrying out conveyancing in Finsbury. There are those who purchase a house in Finsbury, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, but there are a various searches that can be undertaken by the buyer or by their conveyancers which can give them a better appreciation of the risks in Finsbury. The standard information supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the owner to determine if the premises has suffered from flooding. In the event that the premises has been flooded in past which is not disclosed by the owner, then a buyer could issue a legal claim for losses as a result of such an incorrect answer. A purchaser’s conveyancers may also conduct an enviro search. This should indicate if there is a recorded flood risk. If so, additional investigations will need to be initiated.
Me and my brother have a terraced Georgian property in Finsbury. Conveyancing practitioner acted for me and Birmingham Midshires. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold with the matching address. I'd like to know for sure, how can I find out??
You should review the Freehold register you have again and check the Charges Register for 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 Finsbury and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the situation with the conveyancing solicitor who completed the work.
I am in need of some leasehold conveyancing in Finsbury. Before diving in I would like to find out the remaining lease term.
Assuming the lease is registered - and most are in Finsbury - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I am the leaseholder of a garden flat in Finsbury. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount due for a lease extension?
if there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to decide the price payable.
An example of a Lease Extension decision for a Finsbury 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 related to 1 flat. The unexpired residue of the current lease was 66.8 years.
Is it true that a Finsbury conveyancing solicitor taken to court by clients for failing to conduct comprehensive conveyancing searches?
We are not aware of such a Finsbury conveyancing matter but it has been reported that, clients purchasing a home elsewhere in England successfully sued their conveyancing practitioner as a consequence of development permission to build a wind farm failing to be picked up in conveyancing searches.
Where you are purchasing in Finsbury It is important that your lawyer carry out all Finsbury conveyancing searches required to ensure you have relevant and up to date information before purchasing a property.