Our son-in-law is in the process of securing a newly built flat in Tunbridge Wells with a mortgage from Barclays. His solicitor has said that there is a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Barclays conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Barclays conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
We are purchasing a 4 bedroom semi-detached house in Tunbridge Wells. Our aim is to carry out an extension to the side at the property.Will the conveyancing process include checks to see if these works are prohibited?
Your property lawyer should check the deeds as conveyancing in Tunbridge Wells can sometimes reveal restrictions in the title deeds which prohibit categories of works or necessitated the consent of another owner. Many works require local authority planning permissions and approval in compliance with building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
My husband and I have arranged a further advance on our home loan from Aldermore as we intend to carry out improvements to our house in Tunbridge Wells. Are we obliged to select a bricks and mortar Tunbridge Wells solicitor on the Aldermore conveyancing panel to deal with the legals?
Aldermore would not normally require firms on their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Aldermore list.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Tunbridge Wells solicitor - who is on the Yorkshire BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS 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. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Tunbridge Wells postcode. As you are getting a mortgage with Yorkshire BS, you could contact them to see if they have a list of approved surveyors in Tunbridge Wells.
I decided to have a survey done on a house in Tunbridge Wells before instructing lawyers. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some mortgage companies may not grant a mortgage on such a home.
It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Tunbridge Wells. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a sole trader wishing to take an assignment of a lease of an office on the high street. Can you recommend lawyers offering no-sale-no fees for non-domestic conveyancing in Tunbridge Wells for less than £1,200?
We are happy to recommend firms who host a wealth of experience of commercial conveyancing in Tunbridge Wells, including the sale and purchase of businesses as well as simply premises. If you are intending to acquire or lease a shop, pub, restaurant, office, retail premises or a whole business we will put you in touch with the right firm. Regarding the charges this will depend on the structure and heads of terms of the proposed transaction. Let us have your details or email so as to enable us to provide you with a fixed commercial conveyancing calculation.
In sourcing the web for the words on line conveyancing in Tunbridge Wells it brings up numerous property lawyersin the area. How do I determine which is the suitable conveyancing solicitor for the sale of my house?
The best way of choosing a suitable conveyancer is via trusted recommendation, so seek the opinion of colleagues and relatives who have purchased a property in Tunbridge Wells or the local estate agent or financial adviser. Costs for conveyancing in Tunbridge Wells differ, so it's a good idea to secure a minimum of four fee estimates from varying types of law firms. Be sure to obtain confirmation what costs in the quote includes.
I am tempted by the attractive purchase price for a two maisonettes in Tunbridge Wells both have about 50 years remaining on the leases. Will this present a problem?
There is no doubt about it. A leasehold apartment in Tunbridge Wells is a wasting asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it reduces the salability of the property. For most buyers and banks, leases with less than 75 years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Tunbridge Wells conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Tunbridge Wells Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
On the whole the outlay for major works tend not to be included within maintenance charges, although a few managing agents in Tunbridge Wells require leaseholders to contribute towards a reserve fund created for the specific intention of building a fund for larger works. Is anyone aware of any major works in the planning that will add a premium to the service charges? Is the freehold owned jointly by the tenants?