We are buying a newly built apartment in Kingston upon Thames and my solicitor is advising me that she has to the lender to reveal incentives from the builder. The Estate Agents are hassling me to sign contracts and I have no desire to delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I have been told that property searches are a common reason for obstruction in Kingston upon Thames house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) released findings of a review by MoveWithUs that conveyancing searches do not figure amongst the top 10 causes of delays during the legal transfer of property. Local searches are unlikely to be the root cause of slowing down conveyancing in Kingston upon Thames.
Despite weeks of looking the Title Certificate and documents to my home can not be found. The conveyancers who did the conveyancing in Kingston upon Thames 4 years ago no longer exist. What are my options?
You no longer need to have the physical official documentation to prove you are the registered proprietor of land or property, given that the Land Registry have everything they need in a digital format.
Just had an offer accepted on a new build flat in Kingston upon Thames. Conveyancing is a frightening process 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 legal work.
Here is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Kingston upon Thames
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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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I am a sole trader planning to lease a unit on the high street. Can you recommend conveyancers offering no-move-no charges for commercial conveyancing in Kingston upon Thames for below £1,200?
We can recommend firms who have an in-depth of experience of commercial conveyancing in Kingston upon Thames, including the disposal and acquisition of businesses as well as simply property. If you are looking to acquire or lease a shop, pub, restaurant, office, retail unit or a whole business we will put you in touch with the right solicitor. Regarding the costs these will vary based on the structure and complexity of the proposed transaction. Please provide us with your details or call us so that we can supply you with comprehensive commercial conveyancing calculation.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Kingston upon Thames conveyancing firm to represent me?
You certainly can. We are happy to put you in touch with a Kingston upon Thames conveyancing firm who can help.
An example of a Lease Extension decision for a Kingston upon Thames residence 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 related to 1 flat.
What makes a Kingston upon Thames lease problematic?
There is nothing unique about leasehold conveyancing in Kingston upon Thames. All leases are drafted differently and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:
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Clauses dealing with recovering service charges for expenditure on the building or common parts.
A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Skipton Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.