My husband and I are buying a 3 bedroom apartment in Kennington with a mortgage. We like our Kennington solicitor, however the mortgage company says he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or keep our Kennington solicitor as well as pay for one of their panel lawyers to represent them. We feel that this is inequitable; can we not require that the lender use our Kennington conveyancer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Kennington conveyancing solicitor to apply to be on the conveyancing panel.
I am hoping to complete my purchase in Kennington next Friday. My property lawyer now wants me to supply her with evidence of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the bank. What risks does the lender expect the insurance to cover?
Any lawyer on acting for banks would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s Part 2 instructions. These requirements are not specific to conveyancing in Kennington.
I am assisting my step-mother sell her flat in Kennington. Does the conveyancing solicitor commission the energy assessment or do I organise this?
After the demise of Home Information Packs, energy performance certificates became a mandatory component of moving house. An energy assessment needs to be to hand in advance of the property being advertised. This is not something that conveyancers normally arrange. If you are using a Kennington conveyancing solicitor they might be willing to arrange energy assessments due to their relationships with reputable Kennington assessors
We are purchasing a terrace house in Kennington. We would like to carry out an extension to the side at the house.Will legal conveyancing on the property involve investigations to see if these works are permitted?
Your conveyancer will review the registered title as conveyancing in Kennington will occasionally reveal restrictions in the title deeds which prevent certain works or require the permission of another owner. Some works require local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor before you commit yourself to a purchase.
I am the only recipient of my late mum's estate with all property in now in my sole name, including the house in Kennington. Conveyancing formalities meant that the Land Registry date was in May. I now wish to sell up. I do know about the CML 6 month 'rule', meaning my proprietorship will be considered the same way as if I'd bought the house in May. Will no one buy the property for half a year?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How practical a view banks take of it, depend on the mortgage company as this provision primarily exists to identify the purchase and immediately sell or the quick reselling of properties.
Should commercial conveyancing searches disclose planned roadworks that could impact a commercial land in Kennington?
Its becoming the norm that commercial conveyancing solicitors in Kennington will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Kennington. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Kennington.
For every commercial conveyancing transaction in Kennington it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may result in delays to Kennington commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not ordered for domestic conveyancing in Kennington.
Due to the input of my in-laws I had a survey completed on a house in Kennington in advance of instructing solicitors. I have been informed that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies may refuse to grant a loan on a flying freehold property.
It varies from the lender to lender. Lloyds has different requirements from Halifax. If you contact us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Kennington. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Kennington to see if the conveyancing costs will increase in light of this.
Back In 2002, I bought a leasehold house in Kennington. Conveyancing and Virgin Money mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Kennington who acted for me is not around. Any advice?
First make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Kennington conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I inherited a garden flat in Kennington. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the amount due for a lease extension?
Most definitely. We can put you in touch with a Kennington conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Kennington premises is Ground Floor Flat 39 Bronsart Road in May 2010. Following a vesting order by West London County Court the Leasehold Valuation Tribunal concluded that the price to be paid for the extended lease of the premises was Thirteen Thousand Two hundred pounds (£13,200) in accordance with the valuation. The extended lease was granted for a term of 90 years from the expiry date of the Lease and at a peppercorn ground rent from the date of the vesting order. This case affected 1 flat. The unexpired term was 74.77 years.