My conveyancer has identified a a problem with the lease for the property we are purchasing in Wallington. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must be satisfied that the mortgage company is willing to move forward with this solution. Are we the client or is the mortgage company ?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. These conveyancing instructions must be adhered to.
Will our conveyancer be raising enquiries concerning flooding during the conveyancing in Wallington.
The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Wallington. Some people will acquire a house in Wallington, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to give advice on flood risk, but there are a number of searches that can be carried out by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Wallington. The standard property information forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the owner to discover if the premises has ever been flooded. In the event that the premises has been flooded in past which is not revealed by the seller, then a buyer may bring a claim for damages resulting from an misleading response. The purchaser’s lawyers may also conduct an environmental search. This should reveal whether there is a recorded flood risk. If so, additional investigations should be made.
Due to the encouragement of my in-laws I had a survey completed on a house in Wallington before retaining solicitors. I have been informed that there is a flying freehold aspect to the house. Our surveyor advised that some banks tend not issue a mortgage on a flying freehold property.
It depends who your proposed lender is. Santander has different instructions for example to Nationwide. Should you wish to telephone us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Wallington. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way can the Landlord & Tenant Act 1954 affect my commercial premises in Wallington and how can you help?
The particular law that you refer to gives a safeguard to commercial leaseholders, granting the legal entitlement to apply to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Wallington is one of our hundreds of areas of the UK in which our lawyers are based
Expecting to complete next month on a garden flat in Wallington. Conveyancing lawyers inform me that they will have a report out to me on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Wallington should include some of the following:
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Who has the liability for maintaining the window frames Do you need to have carpet in the flat or are you allowed wood flooring? Setting out your rights in relation to common areas in the building.By way of example, does the lease contain a right of way over a path or hallways? Your conveyancers should enable you to have an understanding of the insurance obligations Changes to the flat
After years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Wallington. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We are happy to put you in touch with a Wallington conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Wallington property is 21 & 23 Carshalton Grove in May 2009. the Tribunal adopted the figures presented as the premiums payable by the Applicant i.e. a total of £20,750. This case was in relation to 2 flats. The unexpired residue of the current lease was 72 years.
Are there any apps to help find a Wallington conveyancing solicitor on the mortgage company conveyancing panel? I have a car and am prepared to travel up to 20kilometers to meet the conveyancer.
You can use the find a conveyancing panel tool on this page. Please choose the lender and your location, in this case Wallington and you will see a number of lawyer located nearest Wallington. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the mortgage company solicitor panel.