As someone with no idea as to conveyancing in Islington what’s your top tip you can impart concerning the house moving process in Islington
You may not hear this from too many lawyers but conveyancing in Islington and elsewhere in North London is often a confrontational experience. In other words, when it comes to conveyancing there exists plenty of opportunity for confrontation between you and other parties involved in the ownership transfer. E.g., the vendor, property agent and on occasion a mortgage company. Appointing a law firm for your conveyancing in Islington an important selection as your conveyancer is your adviser, and is the ONLY person in the process whose responsibility is to act in your legal interests and to protect you.
There is a worrying ongoing adversarial element to conveyancing- someone has to be blamed for the process taking so long. You should always trust your conveyancer above the other players when it comes to the legal assignment of property.
My grandfather passed away six months ago and as sole heir and executor I was left the property in Islington. The house had a small mortgage left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this allowed?
If you intend to re-mortgage then Barclays will insist on your using a conveyancer on the Barclays conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Barclays conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Barclays mortgage is registered as a charge at the Land Registry.
A relative informed me that in purchasing a property in Islington there could be various restrictions preventing external changes to the property. Is this right?
We are aware of a number of properties in Islington which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Islington should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I happen to be the only recipient of my late father’s will with all property in now in my sole name, including the house in Islington. Conveyancing formalities meant that the Land Registry date was in November. I want to move. I do know about the Mortgage Lenders six month 'rule', which means that my property ownership may be regarded the same way as though I had purchased the house in November. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be affected by that. many mortgage companies would take a pragmatic view as this clause is chiefly there to capture subsales or the flipping of property.
My fiancee and I are in the throws of looking at houses in Islington and I am about to put in an offer. Is it too early to have a solicitor in place? I intend to finance via a home loan with Bank of Ireland.
It would be wise to instigate 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 forward their contact information on to the estate agent. As you are obtaining a mortgage with Bank of Ireland, make sure you remember to check that your lawyer is on the Bank of Ireland conveyancing panel.
What can a local search inform me regarding the house we're purchasing in Islington?
Islington conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search company for example PSG The local search is essential in every Islington conveyancing purchase; that is if you don’t want any nasty once you have moved into your new home. The search will provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.
About to purchase a new build apartment in Islington. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Islington
Please confirm the Lease plans are architect prepared. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
I would like to let out my leasehold flat in Islington. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Your lease governs relations between the landlord and you the flat owner; in particular, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Islington do not prevent subletting altogether – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Islington conveyancing firm to assist?
Absolutely. We are happy to put you in touch with a Islington conveyancing firm who can help.
An example of a Lease Extension decision for a Islington property is 5C Stoke Newington Road in April 2010. the Tribunal therefore concludes that the premium to be paid for the extended lease is £700.00 This case was in relation to 1 flat. The number of years remaining on the existing lease(s) was 80.5 years.