The owners have very brash sellers who has recommended a preliminary agreement with a deposit two thousand pounds. Is it wise to enter into such agreements?
There are a couple of main downsides with entering into any lock out contract (also termed an exclusivity agreement) is that it can distract from making progress with the conveyancing process, so unless it requires limited or no negotiation then it may transpire to be a cause of frustration and delay. It is not promoted amongst Smithfield conveyancing lawyers as a result. A supplemental negative is the extent of the remedies available - an aggrieved buyer should not expect to be issued with injunctive relief to bar the vendor completing the sale to another buyer, so the only remedy available under the agreement will be the recovery of abortive costs and, in limited situations, the additional payment of damages.
We're in Smithfield, First timers buying with a mortgage (lender is Yorkshire BS , and our lawyer is on the Yorkshire BS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Yorkshire BS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Forgive me if this question is silly but I am wet behind the ears as a 1st time purchaser of a garden flat in Smithfield. Do I collect the keys to the house on completion from my lawyer? If so, I will find a High Street conveyancing solicitor in Smithfield?
There is no need to visit the lawyers office on the day of completion. Your solicitors will electronically transfer the completion advance to the seller's solicitors, and shortly after the monies have arrived, you should be able to receive the keys from the selling Agents and start moving into the property. This tends to happen early afternoon.
I have paid off my mortgage with Santander. I assume I don't need a Smithfield property lawyer on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
At last I have had an offer on a flat in Smithfield agreed to, but there is a chain. The sellers have put an offer on a flat, however it’s not yet agreed to, and have viewings of other apartments in the pipeline. I have chosen a high street conveyancing solicitor in Smithfield. What should be my next step? When do I get the mortgage application with Lloyds going?
It is usual to have anxieties where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is approx one thousand pounds, then valuation, Smithfield conveyancing search fees, etc). The first thing to do is check that your conveyancer is on the Lloyds approved list. As to the next steps this very much dictated by the specifics of your transaction, desire for this property and on the state of the market. In a buoyant market many home buyers will apply for a home loan with Lloyds and arrange for the valuation and only if it was satisfactory would they request their solicitor to move forward with searches.
Are there restrictive covenants that are commonly picked up during conveyancing in Smithfield?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Smithfield. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Given that I will soon spend hundreds of thousands of pounds on a garden flat in Smithfield I would like to talk to a solicitor regarding thetransaction in advance of instructing the firm. Is this something that you can arrange?
This is something that we encourage - we would be pleased to talk to you we do not take any clients on without you speaking to the conveyancer due to be doing your conveyancing in Smithfield.There is no ‘factory style conveyancing’ - each client is an important individual, not a file number. The practices that we put you in touch with believe that the fees you are provided with for your conveyancing in Smithfield should be the figure that you are charged.
Last January I purchased a leasehold flat in Smithfield. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I inherited a basement flat in Smithfield, conveyancing having been completed October 2000. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent properties in Smithfield with over 90 years remaining are worth £197,000. The ground rent is £55 per annum. The lease expires on 21st October 2076
With only 55 years left to run the likely cost is going to range between £31,400 and £36,200 plus professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.