It is 10 years ago since I acquired my house in Penge. Conveyancing lawyers have just been retained on the sale but I can't find the title documents. Will this cause complications?
Don’t worry too much. Firstly the deeds may be retained by the lender or they may be in the possession of the solicitor who handled your purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. Most conveyancing in Penge involves registered property but in the unlikely event that your property is unregistered it is more tricky but is not insurmountable.
How does conveyancing in Penge differ for new build properties?
Most buyers of new build or newly converted property in Penge come to us having been asked by the developer to sign contracts and commit to the purchase even before the property is constructed. This is because builders in Penge usually buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Penge or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a property in Penge before appointing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some banks will not issue a mortgage on a flying freehold property.
It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. Should you wish to call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Penge. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Penge to see if the conveyancing will be more expensive.
We're first time buyers - had an offer accepted, but the agent informed us that the seller will only issue a contract if we appoint the agent's recommended lawyers as they want an ‘expedited deal’. We would rather use a local conveyancer who is familiar with conveyancing in Penge
It is highly unlikely the owners are driving this. Should the vendor desire ‘a quick sale', taking such a hostile approach to a serious buyer is going to damage their objectives. Bypass the agents and go straight to the owners and make sure they understand (a)you are genuine purchasers (b)you are excited to move forward, with mortgage lined up © you do not need to sell (d) you wish to move quickly (e)however you intend to appoint your preferred Penge conveyancing lawyers - not the ones that will provide their negotiator at the agency a kickback or hit his conveyancing figures demanded by HQ.
Can you offer any advice when it comes to finding a Penge conveyancing firm to deal with our lease extension?
When appointing a solicitor for your lease extension (regardless if they are a Penge conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Penge conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions might be useful:
Can they put you in touch with clients in Penge who can give a testimonial? If they are not ALEP accredited then why not?
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Penge conveyancing firm to act on my behalf?
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 make a decision on the price payable.
An example of a Lease Extension decision for a Penge property is Flats 5, 9, 38 & 40 Blakewood Court Anerley Park in January 2012. the tribunal held that the premiums payable for the new lease sare: FLAT 5:- £7,130 FLAT 9:- £7,860 FLAT 38:- £15,867 FLAT 40: £14,834 This case related to 4 flats.
What do I do if I am unhappy with the conveyancer who undertook my conveyancing in Penge?
Occasionally the level of service you receive is not as you expect, and is is a fact of life that sometimes things do go wrong. Nevertheless there is recourse where you were dissatisfied with your conveyancing in Penge. This varies from trying to resolve matters directly with them, through to reporting a lawyer to their governing body. If you remain unhappy you may consider getting in touch with the Legal Ombudsman.