My husband and I are refinancing our maisonette in Wembley Park with HSBC. We have a son 18 who lives at home. Our solicitor requested us to identify any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the HSBC conveyancing panel as he never had to sign this form when we bought 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your HSBC conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to HSBC. This is solely used to protect HSBC if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of HSBC had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Despite weeks of looking the Title Certificate and documents to our house are lost. The conveyancers who handled the conveyancing in Wembley Park 4 years ago are no longer around. What are my options?
Assuming you have a registered title the information relating to your ownership will be documented by the Land Registry with a Title Number. It is easy to carry out a search at the Land Registry, identify your house and order up to date copies of the Registered Entries for a small fee. If the title is Leasehold then the Land Registry will usually retain a certified duplicate of the Registered Lease and again, a copy can be retrieved for a small fee.
I opted to have a survey carried out on a property in Wembley Park before retaining solicitors. I have been advised that there is a flying freehold element to the house. My surveyor has said that some mortgage companies will not grant a loan on this type of property.
It varies from the lender to lender. Lloyds has different requirements from Halifax. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Wembley Park. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Wembley Park to see if the conveyancing costs will increase in light of this.
I am 17 days into a residential purchase having been recommend to a firm by the selling agent to do our conveyancing in Wembley Park. We are not happy. Could you you assist me in finding new conveyancers?
They would have to be really bad to suggest changing them. Has your loan offer been sent? In the event that it has you must make them aware of the replacement solicitor and ensure the offer are re-sent. The conveyancer should be on the mortgage company panel to avoid supplemental charges and frustration. So that should be your first question of the new lawyers. The search tool should help you find a bank approved conveyancer for your conveyancing in Wembley Park
I’m about to sell my garden flat in Wembley Park. Conveyancing lawyers have not yet been instructed, but I have recently had a yearly maintenance charge invoice – what should I do?
The sensible thing to do is clear the invoice as normal because all rents and service invoices will be apportioned as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Following years of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Wembley Park. Can we issue an application to the Residential Property Tribunal Service?
Where there is a absentee freeholder or where there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to decide the price payable.
An example of a Lease Extension case for a Wembley Park flat is Ground Floor Flat 69 Clifton Avenue in March 2012. the Tribunal determined that the premium payable for the new lease was £5,932 This case affected 1 flat. The remaining number of years on the lease was 76.06 years.
At what point do I cover the costs of the Stamp Duty Land Tax due for my conveyancing in Wembley Park?
Most property lawyers tend to complete a Land Transaction Return Form on your behalf as part of your Wembley Park conveyancing transaction for signature. After completion your conveyancing practitioner will submit your STL application to the Inland Revenue and - as long as they have the funds - discharge any Stamp Duty payable on your behalf.