It is a dozen years since I acquired my property in Lambeth. Conveyancing lawyers have recently been appointed on the sale but I am unable to track down the deeds. Is this a major issue?
You need not be too concerned. First the deeds may be with the mortgage company or they may be in the possession of the solicitor who oversaw the purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring up to date copy of the land registers. Almost all conveyancing in Lambeth relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is resolvable.
Are there restrictive covenants that are commonly identified as part of conveyancing in Lambeth?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Lambeth. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the advice of my in-laws I had a survey completed on a house in Lambeth prior to instructing solicitors. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some banks will not issue a loan on this type of premises.
It varies from the lender to lender. Lloyds has different requirements from Birmingham Midshires. If you contact us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Lambeth. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way does the Landlord & Tenant Act 1954 affect my business premises in Lambeth and how can you help?
The particular law that you refer to provides a safeguard to business tenants, granting the legal entitlement to make a request to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and assist with commercial conveyancing in Lambeth
Estate agents have just been given the go-ahead to market my ground floor apartment in Lambeth. Conveyancing lawyers have not yet been instructed, but I have just received a half-yearly service charge demand – Do I pay up?
The sensible thing to do is clear the invoice as normal as all rents and service charges should be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I am the registered owner of a first flat in Lambeth. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium due for a lease extension?
You certainly can. We are happy to put you in touch with a Lambeth conveyancing firm who can help.
An example of a Lease Extension case for a Lambeth premises is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case related to 2 flats. The unexpired term as at the valuation date was 56 years.
We are FTB’s just having agreed a price on a property in Lambeth, and need to get solicitors lined up. We have used the various rating based websites and the quotes are from all over the country. Is it necessary to have a Lambeth lawyer local to your potential property? We are happy to do everything over email, but I assume at some stage we will need to attend the solicitor's office to sign contracts?
There is no need to attend the office of your solicitor, they can send any relevant documents to you, which you can sign and send back. Many home movers nevertheless opt to instruct a locally based solicitor, but it is not a prerequisite for conveyancing in Lambeth.