Having sold my house in Victoria last March but our buyer keeps e-mailing me to moan that his conveyancer needs to hear from mysolicitor. What are the post completion sale formalities following completion?
After completion of your sale your conveyancer should send the transfer documentation and all additional paperwork to the purchaser's conveyancer. Depending on the transaction, your solicitor should also evidence that the legal charge in favour of the lender has been redeemed to the buyers conveyancers. There is unlikely to be post completion requirements peculiar conveyancing in Victoria.
My wife and I purchasing a terrace house in Victoria. We would like to an extension at the rear at the house.Will legal conveyancing on the property involve investigations to see if these alterations were previously refused?
Your solicitor should check the deeds as conveyancing in Victoria can on occasion identify restrictions in the title deeds which restrict categories of alterations or need the permission of a 3rd party. Many additions require local authority planning permissions and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these things with a surveyor prior to committing yourself to a purchase.
We have agreed to purchase a house in Victoria. One unusual aspect is that the roof has a solar panel. Leeds Building Society have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Leeds Building Society your lawyer must comply with the formal instructions set out in Part 2 of UK Finance Lenders’ Handbook for Leeds Building Society. The Council of Mortgage Lenders’ Handbook contains minimum conditions for solar panel roof-space leases, and lawyers are required to report to Leeds Building Society where a lease does not comply with these requirements. The requirements relate to the installation of panels on properties nationwide and is not isolated to Victoria.
The formalities of my purchase has taken place for my property in Victoria. Conveyancing was satisfactory but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
Just had an offer accepted on a new build apartment in Victoria. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Victoria
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Please confirm the Lease plans are surveyor prepared. Please supply a car parking plan. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants.
I need to find a conveyancing solicitor for sale conveyancing in Victoria. I've chance upon a web site which seems to have the perfect answer If there is a chance to get all formalities done via web that would be preferable. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
I work for a reputable estate agency in Victoria where we have witnessed a few flat sales jeopardised as a result of short leases. I have received conflicting advice from local Victoria conveyancing firms. Can you shed some light as to whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner 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 proposed purchaser need not have to sit tight for 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 disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord 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 purchaser.
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Victoria conveyancing firm to help?
in cases where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to determine the price.
An example of a Lease Extension case for a Victoria property is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case related to 2 flats. The unexpired lease term was 56 years.
I've found a house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Victoria. Conveyancing lawyers have not yet been instructed. Will they explain the issues?
The majority of houses in Victoria are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Victoria so you should seriously consider looking for a Victoria conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your solicitor will advise you fully on all the issues.