I am need of leasehold conveyancing for an apartment in a fairly new development (seven years built) in Leaves Green. The vast majority the appartments have already been sold. Is it strictly necessary to order local searches for my conveyancing in Leaves Green?
You are taking a significant risk in refusing to carrying out Leaves Green conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal necessity to have them, but we would absolutely advise in no uncertain terms that you have them. If speed and driving down costs are top of your issues you should consider with your conveyancer about the options such as lack of search insurance available to you
I purchased a freehold property in Leaves Green yet pay rent, why is this and what is this?
It is rare for properties in Leaves Green and has limited impact for conveyancing in Leaves Green but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
We are purchasing a newbuild flat in Leaves Green with a loan from Santander.We would like to retain our Leaves Green conveyancing solicitor but Santander advised that his firm is not listed on their "panel". It seems we have little choice but to instruct a Santander panel firm or keep our high street solicitor and pay for a Santander panel lawyer to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. The loan issued to you contains terms and conditions, one of which will be that conveyancers will be on the Santander approved list. in the past, most mortgage companies had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for Santander
I am buying a new build house in Leaves Green with a loan from Platform Home Loans Ltd. The builders refused to budge the price so I negotiated five thousand pounds worth of extras instead. The house builders rep suggested that I not inform my conveyancer about this deal as it will impact my loan with the bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Having checked my lease I have discovered that there are only 68 years left on my lease in Leaves Green. I am keen to extend my lease but my landlord is missing. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to track down the freeholder. In some cases a specialist would be helpful to carry out a search and to produce a report to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Leaves Green.
I inherited a ground floor flat in Leaves Green. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for the purchase of the freehold?
You certainly can. We are happy to put you in touch with a Leaves Green conveyancing firm who can help.
An example of a Lease Extension case for a Leaves Green flat is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The unexpired residue of the current lease was 50.57 years.
I was informed by my lender that their approved lawyers work on no move no fee basis for conveyancing in Leaves Green. My purchase did not proceed nevertheless the conveyancers have invoiced for search fees! They are claiming that the fees are seperate!
By offering "no completion no fee" Leaves Green conveyancing lawyers are writing off their fees for any work done. We should make it clear that this is not to be regarded as an insurance scheme. Disbursements aren’t covered – where the property lawyer have to pay money out to other people, for example Leaves Green local search fees