My wife and I are purchasing a 2 bedroom flat in West Brompton with a mortgage. We like our West Brompton lawyer, but the mortgage company advise she’s not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our West Brompton lawyer and pay for one of their panel firms to represent them. We regard this is unjust; are we not able to insist that the lender use our West Brompton conveyancer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your West Brompton conveyancing lawyer to apply to be on the conveyancing panel.
My wife and I buying a 4 bedroom semi-detached house in West Brompton. Our aim is to an extension at the rear at the house.Will the conveyancing process involve checks to see if these works are allowed?
Your solicitor will review the deeds as conveyancing in West Brompton will sometimes reveal restrictions in the title deeds which prevent categories of works or necessitated the permission of a 3rd party. Certain additions need local authority planning permissions and approval in compliance with building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
We have agreed to purchase a house in West Brompton. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender TSB be concerned?
As your lender is TSB your lawyer must comply with the formal requirements set out in Part two of UK Finance Lenders’ Handbook for TSB. The CML Handbook sets out minimum provisions for solar panel roof-space leases, and conveyancers are required to report to TSB where a lease does not satisfy these conditions. The conditions relate to the installation of panels on properties countrywide and is not isolated to West Brompton.
I've digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local West Brompton solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry 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 lawyer 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 West Brompton postcode. As you are getting a mortgage with Coventry BS, you could contact them to see if they have a list of approved surveyors in West Brompton.
I am purchasing a property and the conveyancer has raised the issue of Chancel Repair for which the house may be obligated to contribute to given it’s proximity to the area of such a church. He has mentioned insurance. Is this strictly necessary for conveyancing in West Brompton
Unless a prior purchase of the house took place post 12 October 2013 you could expect solicitors carrying out conveyancing in West Brompton to remain recommending a chancel search and or insurance against a claim.
I have been on the look out for a flat up to £305k and found one close by in West Brompton I like with open areas and railway links nearby, the downside is that it's only got 52 remaining years left on the lease. I can't really find anything else in West Brompton in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
If you require a home loan that many years will likely be a potential deal breaker. Discount the price by the expected lease extension will cost if not already taken into account. If the existing owner has owned the property for at least 2 years you can request that they commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this matter.
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in West Brompton. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in West Brompton ?
Most houses in West Brompton are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area who can help the conveyancing process. We note that you are purchasing in West Brompton in which case you should be looking for a West Brompton 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 unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your conveyancer should advise you fully on all the issues.
Following months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in West Brompton. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
if there is a absentee landlord or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to arrive at the price.
An example of a Freehold Enfranchisement case for a West Brompton premises is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case was in relation to 5 flats. The unexpired residue of the current lease was 38.98 years.
Can you clarify the extent of conveyancing dealt with by West Brompton conveyancing firms?
In the main West Brompton conveyancing companies can handle a wide array of legal advice to home and land owners, vendors, purchasers, freeholders and leaseholders and you can expect them to do some of the following services:
Property sale conveyancing in West Brompton or elsewhere in the country
Property purchase conveyancing in West Brompton and countrywide
All types of leasehold premises including, flats and maisonettes Staircasing (purchasing additional shares in your home) Bespoke or complex residential transactions including farms, estates, and company properties Planning and boundary enquiries