Having invested time researching mumsnet.com for an affordable lawyer in Uxbridge, many say that I must use a CQS accredited solicitor. What is CQS?
The Conveyancing Quality Scheme (CQS) provides a kitemark for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to best practice conveyancing procedures via the scheme protocol Membership covers numerous partnerships who perform conveyancing in Uxbridge.
A colleague pointed out to me me that in buying a property in Uxbridge there may be various restrictions prohibiting external changes to a property. Is this right?
There are a number of properties in Uxbridge which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Uxbridge should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
The mortgage over my property is with Nottingham for my property in Uxbridge. Conveyancing has been completed some time ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Nottingham?
You must advise Nottingham before letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel firm.
My sealed bid on a property in Uxbridge has been accepted, but there is a chain. The owners have offered on somewhere, but it’s not yet agreed to, and are looking at other flats in the pipeline. I have chosen a local conveyancing solicitor in Uxbridge. What should be my next step? At what stage do I apply for the mortgage with Santander?
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 in the region of £1k, then survey, Uxbridge conveyancing search costs, etc). First, you must check that your lawyer is on the Santander approved list. As to the subsequent phase this very much depends on the circumstances of your transaction, desire for this property and on the state of the market. In a buoyant market the majority of buyers would apply for a home loan with Santander and arrange for the valuation and only if it comes back ok would they request their solicitor to move forward with the conveyancing in Uxbridge.
Should commercial conveyancing searches disclose proposed roadworks that could impact a commercial premises in Uxbridge?
Many commercial conveyancing solicitors in Uxbridge will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in researching accurate data on highways that impact buildings and development assets in Uxbridge. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Uxbridge.
For each commercial conveyancing transaction in Uxbridge it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately could result in delays to Uxbridge commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Uxbridge.
Are there restrictive covenants that are commonly picked up during conveyancing in Uxbridge?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Uxbridge. 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…’
Due to the input of my in-laws I had a survey completed on a property in Uxbridge ahead of instructing solicitors. I have been advised that there is a flying freehold overhang to the property. The surveyor has said that some banks may not grant a loan on a flying freehold premises.
It depends who your proposed lender is. Santander has different requirements from Halifax. Should you wish to call us we can investigate further via 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 Uxbridge. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Uxbridge to see if the conveyancing will be more expensive.
My wife and I purchased a leasehold flat in Uxbridge. Conveyancing and Alliance & Leicester mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Uxbridge who acted for me is not around. Do I pay?
First make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Uxbridge conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Uxbridge conveyancing firm to act on my behalf?
if there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to determine the premium.
An example of a Freehold Enfranchisement case for a Uxbridge premises is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case affected 2 flats. The unexpired term as at the valuation date was 69 years.