We are planning to acquire a flat and require a conveyancing solicitor in Orpington who is on the Nationwide conveyancing panel. Could you point me in the right direction as regards a conveyancing firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Nationwide . We don't recommend any particular firms conducting conveyancing in Orpington.
I happen to be the single beneficiary of my late father’s estate with all property in now in my sole name, including the my former home in Orpington. Conveyancing formalities meant that the Land Registry date was in August. I now wish to sell up. I understand that there is a CML six month 'rule', meaning my property ownership could be regarded the same way as if I'd bought the property in August. Do I have to wait half a year to sell?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. Most mortgage companies would take a sensible view as this obligation principally exists to pick up on the purchase and immediately sell or the flipping of properties.
Is it the case that all Orpington CQS (Conveyancing Quality Scheme) solicitors are on the TSB conveyancing panel?
It is true that some banks and building societies now utilise CQS as the starting point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
I've read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Orpington solicitor - who is on the Co-operative conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Orpington postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Orpington.
Should our solicitor be raising questions concerning flooding during the conveyancing in Orpington.
The risk of flooding is if increasing concern for solicitors dealing with homes in Orpington. Some people will buy a house in Orpington, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, but there are a numerous checks that may be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in Orpington. The conventional set of completed inquiry forms given to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the vendor to find out if the premises has ever been flooded. If the property has been flooded in past which is not notified by the vendor, then a purchaser could issue a compensation claim as a result of such an incorrect response. The buyer’s lawyers will also carry out an enviro report. This should reveal if there is a recorded flood risk. If so, further investigations will need to be conducted.
I purchased a renovated Georgian house in Orpington. Conveyancing solicitor represented me and TSB. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold under the matching property. Is it worth asking TSB to clarify?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Orpington and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the position with the conveyancing solicitor who carried out the work.
I am using a search engine for the phrase cheap conveyancing in Orpington it shows results of numerous conveyancersin the area. How do I determine which is the suitable conveyancer for purchase transaction?
The best method of finding a suitable conveyancer is through a personal referral, so seek the counsel of colleagues and relatives who have purchased a property in Orpington or the local estate agent or financial adviser. Costs for conveyancing in Orpington differ, so it's a good idea to obtain at least three fee estimates from varying types of law firms. Be sure to seek confirmation that the charges are guaranteed not to to be inflated.
I own a leasehold flat in Orpington. Conveyancing and Accord Mortgages Ltd mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Orpington who acted for me is not around. What should I do?
The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Orpington conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I have had difficulty in trying to purchase the freehold in Orpington. Can the Leasehold Valuation Tribunal adjudicate on premiums?
if there is a absentee landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the price.
An example of a Lease Extension decision for a Orpington premises 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 affected 1 flat. The unexpired lease term was 50.57 years.