I am in need of a property lawyer. Should I go for for a national conveyancer as opposed to a high street Tolworth conveyancing lawyer?
Generally conveyancing practitioners in your neck of the woods will enjoy good alliances with your local authority, which can help with the Tolworth conveyancing searches that your solicitor will require. It can only help if they have good rapport with the Local Land Registry Office your area Tolworth, other lawyers in the neighbourhood and Tolworth property agents.
A relative pointed out to me me that in purchasing a property in Tolworth there could be various restrictions as to what one can do in terms of external changes to the property. Is this right?
We are aware of a number of properties in Tolworth which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Tolworth should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am buying a property in Tolworth. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?
As your lender is Leeds Building Society your lawyer must follow the conveyancing requirements set out in Part two of UK Finance Lenders’ Handbook for Leeds Building Society. The CML Handbook sets out minimum specifications for solar panel roof-space leases, and lawyers are required to report to Leeds Building Society where a lease fails to meet these requirements. The provisions relate to the installation of panels on properties in England and Wales and is not limited to Tolworth.
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 Tolworth 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 correct?
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. You may wish to consider appointing your own Tolworth surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
My wife and I are downsizing from our home in Tolworth and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A local lawyer would know this is not the case. It does beg the question why the purchasers are using a web based conveyancing firm rather than a conveyancing solicitor in Tolworth. Having lived in Tolworth for three years we know of no issue. Is it a good idea to get in touch with our local Authority to seek confirmation need.
It would appear that you have a conveyancing firm already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Over the last few months I have been searching for a ground for flat up to £245,000 and found one round the corner in Tolworth I like with a park and railway links in the vicinity, however it's only got 49 years unexpired on the lease. I can't really find anything else in Tolworth suitable, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you require a mortgage the remaining unexpired lease term may be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for a minimum of 2 years you could ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should speak to your conveyancing solicitor about this.
I am looking into buying my first house which is in Tolworth and I am already nervous. I couldn't find anything specific about Tolworth. Conveyancing will be needed in due course but do you know about the Tolworth area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Tolworth. In the meantime here are some basic statistics that we found
I am employed by a long established estate agent office in Tolworth where we see a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Tolworth conveyancing solicitors. Can you clarify whether the vendor of a flat can start the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I am the registered owner of a first floor flat in Tolworth. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for the purchase of the freehold?
Where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to decide the amount due.
An example of a Lease Extension case for a Tolworth flat is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.