I am buying a property in Kingston upon Thames. An unusual aspect is that the roof has a solar panel. Nottingham have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Nottingham your lawyer must follow the formal instructions set out in Part two of UK Finance Lenders’ Handbook for Nottingham. The CML Handbook includes minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to Nottingham where a lease does not comply with these specifications. The requirements relate to the installation of panels on properties nationwide and is not isolated to Kingston upon Thames.
I'm at the point of looking at apartments in Kingston upon Thames and I am about to put in an offer. Should I already have a solicitor in place at this stage? I intend to finance via a home loan with Principality.
You should start obtaining conveyancing estimates from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. As you are seeking a mortgage with Principality, make sure you remember to check that your lawyer is on the Principality conveyancing panel.
I have today made my last payment due on my mortgage with Co-operative. I assume I don't need a Kingston upon Thames conveyancer on the Co-operative panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Co-operative 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 Co-operative mortgage from the register. Co-operative, 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 Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
What does a local search reveal regarding the property I am buying in Kingston upon Thames?
Kingston upon Thames conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search company such as Searches UK The local search plays an important role in many a Kingston upon Thames conveyancing purchase; as long as you wish to avoid any nasty once you have moved into your property. The search should provide data on, amongst other things, details on planning applications applicable to the premises (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 thirteen subject headings.
Me and my brother own a 4 bedroom Georgian house in Kingston upon Thames. Conveyancing practitioner represented me and Lloyds TSB Bank. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, another for leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Kingston upon Thames and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the situation with the conveyancing lawyer who conducted the conveyancing.
How does conveyancing in Kingston upon Thames differ for newly converted properties?
Most buyers of new build property in Kingston upon Thames approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is completed. This is because developers in Kingston upon Thames typically buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Kingston upon Thames or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a straight forward, no chain conveyancing. Kingston upon Thames is where the house is located. Is there any advice you can give?
Flying freeholds in Kingston upon Thames are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kingston upon Thames you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kingston upon Thames may determine 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 residence.
Do you have any top tips for leasehold conveyancing in Kingston upon Thames from the point of view of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Kingston upon Thames can be reduced if you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers’ representatives. The majority of freeholders or Management Companies in Kingston upon Thames charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Kingston upon Thames. If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Organising a new share certificate can be a time consuming formality and slows down many a Kingston upon Thames conveyancing deal. Where a new share is necessary, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible. You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is less than 80 years. In the circumstances it is essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Kingston upon Thames conveyancing firm to assist?
Most definitely. We can put you in touch with a Kingston upon Thames conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Kingston upon Thames property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.