Me and my partner are purchasing a 2 bedroom apartment in Surbiton with a mortgage. We would like to retain our Surbiton lawyer, however the lender advise he's not on their "panel". We have to appoint one of the lender panel solicitors or retain our Surbiton lawyer and pay for one of their panel lawyers to act for them. We regard this is inequitable; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Surbiton conveyancing lawyer to apply to be on the conveyancing panel.
I am the registered owner of a freehold property in Surbiton yet charged rent, why is this and what is this?
It is rare for properties in Surbiton and has limited impact for conveyancing in Surbiton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what should have been a simple, no chain conveyancing. Surbiton is the location of the property. Can you offer any advice?
Flying freeholds in Surbiton are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Surbiton you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Surbiton may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
In what way does the Landlord & Tenant Act 1954 affect my commercial premises in Surbiton and how can your lawyers assist?
The 1954 Act affords a safeguard to commercial lessees, granting the right to make a request to court for a continuation of occupancy at the end of an expired lease. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and assist with commercial conveyancing in Surbiton
In surfing the world wide web for the phrase on line conveyancing in Surbiton it shows results of numerous conveyancersin the vicinity. With so much choice what is the best way to find the suitable property lawyer for me?
The preferential method of finding the right conveyancer is via trusted referral, so seek the opinion of friends and those you trust who have bought a property in Surbiton or a respected estate agent or mortgage broker. Charges for conveyancing in Surbiton vary, so it's advisable to request at least four estimates from varying types of law firms. Make sure that you clarify what costs in the quote includes.
At what point do I cover the costs of stamp duty payable for my Surbiton flat purchase?
The majority of lawyers tend to fill out a Land Transaction Return Form for you as part of your Surbiton conveyancing transaction for signature. After completion your conveyancer will submit your STL application to the Inland Revenue and - as long as they have the funds - pay any land tax liability for you.