Please help. My Kennington conveyancer is assuring me that he is legally obliged toorder Kennington conveyancing searches resulting from the fact thatthe firm are on the Nat Westconveyancing panel. Do I not have a choice here?
Unfortunately both you and your lawyer have little choice here. As you are taking a home loan with a lender your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Kennington conveyancing searches.
I am helping my step-mother sell her flat in Kennington. Does the conveyancer commission an energy assessment or should I organise this?
Following the demise of HIPs, EPC’s was left as a required part of selling a property. An energy performance certificate needs to be to hand in advance of the property being advertised. It is not as aspect of the sale process that law firms ordinarily organise. If you are instructing a Kennington conveyancing practitioner they may be able to arrange energy performance certificates given their relationships with long established local assessors
I have decided to exercise my right to buy my property in Kennington off the council. I have a mortgage offer with Co-operative. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
I am selling my flat. I had a double glazing fitted in October 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Nottingham are being pedantic. The Kennington solicitor who is on the Nottingham conveyancing panel is recommending indemnity insurance as a solution but Nottingham are requiring a building regulation certificate. Why do Nottingham have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nottingham have referred the matter to their valuer. The reason why Nottingham may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Will our conveyancer be asking questions about flooding as part of the conveyancing in Kennington.
Flooding is a growing risk for conveyancers specialising in conveyancing in Kennington. Some people will purchase a house in Kennington, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to impart advice on flood risk, but there are a various checks that may be initiated by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Kennington. The standard property information forms sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the owner to discover if the premises has historically flooded. In the event that the property has been flooded in past which is not revealed by the owner, then a purchaser may issue a legal claim for losses resulting from an incorrect response. The buyer’s solicitors may also order an enviro report. This should reveal if there is a recorded flood risk. If so, further investigations will need to be initiated.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Kennington is where the house is located. What do you suggest?
Flying freeholds in Kennington are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kennington you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kennington may ascertain 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.
Last January I purchased a leasehold flat in Kennington. Do I have any liability for service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner 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. It is an essential part 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).
I inherited a first floor flat in Kennington. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?
if there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to calculate the sum to be paid.
An example of a Lease Extension decision for a Kennington property 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 was in relation to 1 flat. The unexpired residue of the current lease was 74.77 years.
My sister completed her conveyancing in Kennington ten years past. She has got married, widowed and is now remarried. She now wants to dispose of the Kennington property. I believe she will just be requested to provide a copy of her marriage certificates to the lawyer but she is anxious it could delay the sale of the house. Is it worth updating the land title details for the property?
You are not required to bring up to date the title for the property providing you have the evidence required to demonstrate how the name change occurred.
The buyer’s conveyancer should review the title details and request evidence to establish the name change e.g. marriage certificates.