My partner and I have just bought a property in Norbiton. We have since encountered a number of issues with the property which we believe were missed in the conveyancing searches. Is there anything we can do? What searches should? have been ordered as part of conveyancing in Norbiton?
The query is vague as to the nature of the problems and if they are specific to conveyancing in Norbiton. Conveyancing searches and investigations undertaken during the legal transfer of property are supposed to help avoid problems. As part of the process, the vendor completes a questionnaire known as a Seller’s Property Information Form. If the information provided is misleading, then you may have a claim against the seller 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 Norbiton.
My uncle passed away six months ago and as sole heir and executor I was left the property in Norbiton. The house had a relatively small loan remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this allowed?
If you plan to re-mortgage then Bank of Ireland will require that you use a conveyancer on the Bank of Ireland conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Bank of Ireland conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Bank of Ireland mortgage is registered as a charge at the Land Registry.
Various online forums that I have visited warn that are a common cause of delay in Norbiton house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances during the legal transfer of property. Local searches are unlikely to feature in any holding up conveyancing in Norbiton.
Despite weeks of looking the Title Certificate and documents to my house are lost. The lawyers who did the conveyancing in Norbiton 4 years ago have long since closed. What are my options?
You no longer need to have the physical official documentation to evidence that you are the registered proprietor of land or premises, given that the Land Registry have everything they need in a digital format.
Can you provide any top tips for leasehold conveyancing in Norbiton with the aim of expediting the sale process?
- Much of the delay in leasehold conveyancing in Norbiton can be bypassed if you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information which will be required by the buyers’ solicitors. A minority of Norbiton leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers. If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Arranging a duplicate share certificate can be a time consuming formality and frustrates many a Norbiton conveyancing transaction. Where a reissued share is necessary, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity. Many landlords or managing agents in Norbiton charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Norbiton. In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Norbiton leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord approving such alterations. Where you fail to have the paperwork in place you should not contact the landlord without checking with your solicitor in advance.
I have tried to negotiate informally with with my landlord for a lease extension without getting anywhere. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Norbiton conveyancing firm to assist?
if there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the sum to be paid.
An example of a Lease Extension decision for a Norbiton flat 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.
Me and my wife have recently had an offer agreed on a house and had meeting on Friday with the Post Office for the mortgage. They advised us that when it comes to appointing a property lawyer that if they are not on their approved list of conveyancers then we will incur an additional fee of £200. This is because they will then have to select a property lawyer to act on their behalf as well as the one we appoint for ourselves and we will be on the hook for their invoice. I have requested the Post Office to furnish me with a list so I can seek estimates only from their approved lawyers but was told they dont have such a list to hand over. What would be the best way of going about this?
You should ask the Post Office what their panel criteria is for a conveyancer.Then ask the solicitor of your choice whether they meet the criteria and have they acted on loans for the Post Office historically. If the answer to those is yes, then just double check with the Post Office. Another option is to make use of our search facility and we may be able to locate a property lawyer in Norbiton on the approved list for the Post Office.