My wife and I have just acquired a house in King's Cross. We have noticed several problems with the property which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been carried out for conveyancing in King's Cross?
The query is vague as what problems have arisen and if they are unique to conveyancing in King's Cross. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the process, a seller completes a form referred to as a Seller’s Property Information Form. answers proves to be misleading, you could possibly take legal action against the vendor 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 King's Cross.
Is there a reason why leasehold purchase conveyancing in King's Cross is more expensive?
King's Cross leasehold conveyancing transactions usually involve additional investigations than freeholds including investigating the Lease, liaising with the Landlord such as serving appropriate notices on the Landlord or managing agent, obtaining up-to-date service charge and management information, obtaining Landlord’s consents and reviewing management accounts and formation documents.
We expect to receive a DIP from Kent Reliance this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Kent Reliance recommend any King's Cross solicitors on the Kent Reliance conveyancing panel, or is it better to find our own lawyer?
You will need to appoint King's Cross solicitors independently although you'll need to choose one on the Kent Reliance conveyancing panel. The solicitor represents both you and Kent Reliance through the process.
I'm at the point of looking at houses in King's Cross and I am now considering a potential offer. Is it premature to have a solicitor in place? I intend to finance via a home loan with Principality.
It would be prudent to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. As you are obtaining a mortgage with Principality, make sure you remember to check that your lawyer is on the Principality conveyancing panel.
I have paid off my mortgage with Skipton. I assume I don't need a King's Cross property lawyer on the Skipton panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Skipton mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Skipton mortgage from the register. Skipton, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Skipton has sent the Land Registry the discharge electronically, and
- Skipton has instructed the Land Registry to do so
The deeds to our property are lost. The lawyers who conducted the conveyancing in King's Cross 5 years ago are no longer around. What are my next steps?
Gone are the days when you need to have the physical deeds to establish that you are the owner of your registered land or property, as the Land Registry hold details of all registered land or property electronically.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a straight forward, no chain conveyancing. King's Cross is where the house is located. What do you suggest?
Flying freeholds in King's Cross are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in King's Cross you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in King's Cross 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 property.
I wish to sublet my leasehold apartment in King's Cross. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Some leases for properties in King's Cross do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in King's Cross. Can this matter be resolved via the Leasehold Valuation Tribunal?
You certainly can. We are happy to put you in touch with a King's Cross conveyancing firm who can help.
An example of a Lease Extension decision for a King's Cross residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The unexpired lease term was 66.8 years.