My husband and I are refinancing our apartment in Sheen Park with Santander. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Santander conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Santander. This is solely used to protect Santander if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Santander had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
As a FTB what is the most important piece of guidance you can give me concerning purchase conveyancing in Sheen Park?
Not many law firms or advisers will tell you this but conveyancing in Sheen Park and elsewhere in England and Wales is an adversarial process. Put another way, when it comes to conveyancing there exists an abundance of opportunity for conflict between you and others involved in the legal transfer of property. E.g., the seller, selling agent and even potentially the mortgage company. Choosing a law firm for your conveyancing in Sheen Park should not be taken lightly as your conveyancer is your adviser, and is the SOLE party in the process whose responsibility is to act in your legal interests and to protect you.
Every so often a potential adversary may attempt to convince you that it is in your interests to do things their way. For instance, the property agent may claim to be helping by claiming that your conveyancer is dragging his heels. Or your mortgage broker may tell you to do take action that is against your lawyers guidance. You should always trust your lawyer above all other parties in the home moving process.
We are expecting a mortgage offer soon. The lender mentioned the home loan came with free conveyancing. Does this mean I have to use their panel conveyancer as I would prefer to appoint a specialised conveyancing solicitor in Sheen Park?
Do check but the the likelihood is that appoint one of their panel conveyancers where you accept the "fee-free" incentive. Contact the lender and check if they make available a monetary alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards your preferred conveyancing solicitor near Sheen Park.
Just had an offer accepted on a new build flat in Sheen Park. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Sheen Park
If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
What makes your site different to alternative internet conveyancing solicitors for conveyancing in Sheen Park?
At this site obtain an accurate costs illustration from a Solicitor or Licensed Conveyancer that understands the issues of your conveyancing in Sheen Park. As opposed to estate agents and many comparison sites we do not have kick-back deals with solicitors. A large number of agents and online brokers 'recommend' solicitors who pay the highest per referral, as opposed to the best value conveyancing in Sheen Park
Do you have any top tips for leasehold conveyancing in Sheen Park with the intention of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Sheen Park can be bypassed if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers. In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Sheen Park state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you dont have the paperwork in place you should not communicate with the landlord without checking with your lawyer before hand. Some Sheen Park leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual 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 purchasers or their solicitors. If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Organising a new share certificate is often a lengthy process and slows down many a Sheen Park conveyancing deal. Where a duplicate share certificate is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.
I am the leaseholder of a a ground floor purpose built flat in Sheen Park. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount due for a lease extension?
Absolutely. We are happy to put you in touch with a Sheen Park conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Sheen Park premises is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case related to 3 flats. The unexpired term was 66.25 years.