My partner and I have recently acquired a property in Kensington. We have since encountered a number of issues with the property which we consider were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been conducted as part of conveyancing in Kensington?
The query is vague as what problems have arisen and if they are unique to conveyancing in Kensington. Conveyancing searches and investigations undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the process, a seller answers a form referred to as a Seller’s Property Information Form. If the information proves to be misleading, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Kensington.
Why do I have to pay up front for my conveyancing in Kensington?
Where you are retaining lawyers for conveyancing in Kensington your lawyer will ask you to provide them with monies to cover the search fees. This will be the total of the cost of the Local Authority Search. When the down payment is payable against the purchase price then this should be required shortly in advance of contracts are exchanged. The final balance that is needed should be transferred a couple of days prior to the completion date.
My wife and I purchasing a 4 bedroom semi-detached house in Kensington. We would like to carry out an extension to the side at the property.Will the conveyancing process involve checks to see if these alterations are allowed?
Your property lawyer will check the deeds as conveyancing in Kensington will on occasion reveal restrictions in the title deeds which prevent certain changes or need the consent of a 3rd party. Many extensions require local authority planning permissions and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these issues with a surveyor prior to committing yourself to a purchase.
is it true that all Kensington solicitor practices on the HSBC conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the HSBC conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do allow licenced conveyancers on their panel in which case such organisation would be overseen by the CLC.
After shopping around on the internet I have found a Kensington conveyancing practitioner having made sure that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Kensington surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Should our solicitor be raising questions about flooding as part of the conveyancing in Kensington.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Kensington. There are those who acquire a house in Kensington, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Solicitors are not qualified to give advice on flood risk, however there are a numerous searches that can be carried out by the buyer or by their conveyancers which will give them a better understanding of the risks in Kensington. The conventional set of information sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to determine if the premises has ever been flooded. If flooding has previously occurred which is not disclosed by the owner, then a purchaser could bring a claim for damages stemming from an incorrect reply. A purchaser’s conveyancers may also order an environmental search. This should disclose whether there is any known flood risk. If so, more detailed inquiries should be conducted.
In what way can the Landlord & Tenant Act 1954 impact my business property in Kensington and how can your lawyers assist?
The particular law that you refer to affords a safeguard to commercial tenants, granting the right to make a request to court for a new lease and remain in occupation at the end of an expired lease. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Kensington is one of the hundreds of locations in which the firms we work with have offices
I have checked your search tool I can't find the lawyer I was hoping to instruct as being on the bank conveyancing panel. My lawyer has said that they are on the bank approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the mortgage company conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the lender solicitor panel.