My fiance and I are buying a newbuild flat in Kensal Rise with a residential mortgage from Bank of Ireland.We use our Kensal Rise conveyancing solicitor but Bank of Ireland informed us his firm is not on their "panel". It seems we are left with little choice but to instruct a Bank of Ireland panel lawyer or retain our high street solicitor and fork out for a Bank of Ireland panel lawyer to act for them. This seems very unfair; Can we not simply insist that Bank of Ireland use our lawyer?
No, not really. The home loan offered to you is subject to its various provisions, a common one being that lawyers needs to be on the Bank of Ireland conveyancing panel. Until recently, most lenders had large numbers of solicitors 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 lawyer to apply to be on the conveyancing panel for Bank of Ireland
My wife and I have a terraced Victorian house in Kensal Rise. Conveyancing lawyer acted for me and Britannia. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold with the exact same address. I thought I was buying a freehold how can I check?
You need to read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Kensal Rise and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with the conveyancing solicitor who carried out the work.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Kensal Rise. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Kensal Rise
There must be mutual enforceability of lessee’s covenants. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
My business partner and I are planning to lease a unit on the high street. Can you recommend conveyancers offering fixed fees for commercial conveyancing in Kensal Rise for below £2000?
We can recommend firms who have well rounded knowledge of commercial conveyancing in Kensal Rise, including the sale and acquisition of businesses as well as simply premises. If you are intending to acquire or lease a shop, pub, restaurant, office, retail unit or a whole business we can put you in touch with the right lawyer. As for the costs this will depend on the structure and nuances of the proposed transaction. Please provide us with your details or phone so as to enable us to provide you with a fixed commercial conveyancing quote.
Having checked my lease I have discovered that there are only Fifty years remaining on my lease in Kensal Rise. I need to get lease extension but my landlord is can not be found. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the lessor. On the whole a specialist may be useful to carry out a search and prepare an expert document to be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on proving the landlord’s absence and the application to the County Court covering Kensal Rise.
My wife and I have hit a brick wall in trying to purchase the freehold in Kensal Rise. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We are happy to put you in touch with a Kensal Rise conveyancing firm who can help.
An example of a Lease Extension case for a Kensal Rise residence 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 lease term was 84.34 years.
How do I find out who is the owner of a house in Kensal Rise?
As long as the property is recorded at HM Land Registry, and you have enough information of the location of the property, you will be able to view results from the HMLR of the recorded proprietor for a a minimal charge.