Please explain the implications if my lawyer’s firm is suspended from the Bank of Ireland Conveyancing panel ahead of completing my conveyancing in Kensal Rise?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I am buying a property in Kensal Rise. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Kent Reliance be concerned?
Given that your lender is Kent Reliance your lawyer must comply with the formal requirements set out in Part two of UK Finance Lenders’ Handbook for Kent Reliance. The Council of Mortgage Lenders’ Handbook sets out minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to Kent Reliance where a lease does not meet these conditions. The conditions relate to the installation of panels on properties countrywide and is not limited to Kensal Rise.
The formalities of my purchase has taken place for my property in Kensal Rise. Conveyancing was a necessary evil but I would like to complain about the lender. How do I make a complaint?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Department at head office. We understand that complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
I have finally had an offer on an apartment in Kensal Rise accepted, but there is a chain. The sellers have offered on a flat, however it’s not yet agreed to, and have viewings of other apartments booked. I have selected a bricks and mortar conveyancing solicitor in Kensal Rise. What do I do now? When should I get the mortgage application with Leeds Building Society going?
It is usual to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is in the region of £1k, then valuation, Kensal Rise conveyancing search costs, etc). First, you must ensure that your property lawyer is on the Leeds Building Society conveyancing panel. Regarding the next steps this very much depends on the uniqueness of your case, desire for this property and on the state of the market. In a buoyant market some purchasers will apply for the mortgage with Leeds Building Society and pay for the valuation and only if it comes back ok would they request their lawyer to press on with searches.
What can a local search reveal concerning the property we're buying in Kensal Rise?
Kensal Rise conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search company for instance Onsearch The local search is essential in every Kensal Rise conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your property. The search will reveal information on, amongst other things, details on planning applications applicable 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 topic areas.
Despite weeks of looking the Title Certificate and documents to my home are lost. The conveyancers who did the conveyancing in Kensal Rise 4 years ago are no longer around. What are my options?
Assuming the title is registered the information relating to your ownership will be evidenced by HMLR under a Title Number. It is possible to carry out a search at the Land Registry, find your property and get up to date copies of the Registered Entries for less than a fiver. If the title is Leasehold then the Land Registry will in most cases hold a file duplicate of the Registered Lease and again, a copy can be retrieved for a small fee.
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a simple, chain free conveyancing. Kensal Rise is the location of the property. Can you offer any guidance?
Flying freeholds in Kensal Rise are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kensal Rise you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kensal Rise may decide 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 premises.
I’m about to sell my ground floor flat in Kensal Rise. Conveyancing solicitors are to be appointed soon, but I have recently received a quarterly service charge demand – what should I do?
Your conveyancing lawyer is likely to suggest that you should pay the maintenance contribution as normal given that all rents and maintenance charges should be allotted on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
After years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Kensal Rise. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a absentee landlord or if there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the premium.
An example of a Lease Extension decision for a Kensal Rise property is 85A Chevening Road in August 2013. the Tribunals conclusions resulted in a payment of a premium for the new lease in the sum of £11,211 This case related to 1 flat. The unexpired term as at the valuation date was 84.34 years.