My partner and I changing mortgage lender for our penthouse in Kensington with UBS. We have a son 19 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two questions (1) Is this form unique to the UBS conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to UBS. This is solely used to protect UBS if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of UBS had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
What is the optimum way to discover of the solicitor handling my conveyancing in Kensington is on the bank’sapproved panel? I am looking to avoid the situation of having one lawyer for me and one for Chelsea Building Society thus paying £175.00 in further legal invoice.
Feel free to make use of the find a lender approved solicitor tool on this web page. Pick the lender and type ‘Kensington’ or your location and you will see numerous conveyancers located in Kensington or nearest you.
Taking into account that I am about to part with £400,000 on a two bedroom apartment in Kensington I wish to have a conversation with the conveyancer regarding thehome move before instructing the firm. Can this be arranged?
We could not agree more - it is our preference to talk to you we do not take any clients on without you first talking to the conveyancer who will be doing your property ownership legalities in Kensington.There is no ‘factory style conveyancing’ - each client is unique individual, not a matter number. The practices that we put you in touch with believe that the figure you are quoted for your conveyancing in Kensington should be the figure that you are charged.
My uncle has suggested that I use his conveyancing solicitors in Kensington. Should I use them?
There are no two ways about it the ideal way to find a conveyancing practitioner is to get referrals from friends or family who have experience in using the solicitor you're are thinking of instructing.
I own a leasehold house in Kensington. Conveyancing and Barnsley Building Society mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Kensington who acted for me is not around. Do I pay?
The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Kensington conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am the leaseholder of a ground-floor 1950’s flat in Kensington. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the sum due for a lease extension?
in cases where there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the sum to be paid.
An example of a Lease Extension case for a Kensington flat is 93 Oakwood Court in June 2010. the LVT determined that the premium to be paid for the new lease was £492,083, This case affected 1 flat. The unexpired term as at the valuation date was 37.79 years.
I have been advised by many family members to expect 6-8 weeks for Kensington conveyancing to complete.This was four weeks ago. The property information was only sent to my property lawyer last week so now does it countdown?
Six to 8 weeks is a very rough timescale. Addressing exactly how long Kensington conveyancing will take is nigh on impossible. Without fail every property has it’s own unique set of issues. As a result your property lawyer will find it difficult to accurately predict the length of time it will take to conclude conveyancing in Kensington.