It is is a decade since I bought my property in West Dulwich. Conveyancing solicitors have now been retained on the sale but I am unable to track down the title documents. Will this cause complications?
Don’t worry too much. First the deeds may be retained by the mortgage company or they may still be with the lawyers who handled the purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in West Dulwich involves registered property but in the rare situation where your property is not registered it is more problematic but is not insurmountable.
My wife and I are purchasing a property in West Dulwich. It might be a silly question but how we can trust a conveyancer? On completion day we will need to deposit funds into their account. What is the protection we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am assisting my niece sell her property in West Dulwich. Will the solicitor commission the energy performance certificate or do I organise this?
After the demise of HIPs, EPC’s was maintained a compulsory component of moving house. An EPC should be to hand prior to the property being advertised. This is not a task that lawyers ordinarily organise. If you are using a West Dulwich conveyancing practitioner they might be able to arrange energy assessments due to their relationships with long established local assessors
When it comes to mortgage companies such as RBS, do West Dulwich solicitors have to pay a fee to be on the list of approved solicitors?
We are not aware of any bank fees to be on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.
What can a local search reveal concerning the property I am buying in West Dulwich?
West Dulwich conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search company such as Onsearch The local search is essential in every West Dulwich conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your new home. The search will reveal information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject headings.
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. West Dulwich is the location of the property. Can you shed any light on this issue?
Flying freeholds in West Dulwich are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Dulwich you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in West Dulwich may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Jane (my partner) and I may need to rent out our West Dulwich 1st floor flat temporarily due to a career opportunity. We instructed a West Dulwich conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
A small minority of properties in West Dulwich do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
My wife and I have hit a brick wall in trying to purchase the freehold in West Dulwich. Can the Leasehold Valuation Tribunal adjudicate on premiums?
if there is a missing freeholder or if there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the LVT to assess the premium.
An example of a Freehold Enfranchisement decision for a West Dulwich premises is 8 Deerbrook Road in May 2010. the Tribunal held that the enfranchisement price, in accordance with section 32 and Schedule 6 of the Leasehold Reform, Housing and Urban Development Act 1993 was £22,820, payable by the Applicants. By an order of the Lambeth County Court dated 17 June 2009 the case had been transferred to the Leasehold Valuation Tribunal for its determination of the premium payable This case affected 3 flats.
My partner and I are buying a first floor flat in West Dulwich. At the time of instructing our solicitor, they told us that they were on all mainstream mortgage company panels. The mortgage broker contacted us just now to say that they don't appear to be on the Yorkshire BS approved list. Were it to be true, what should we do? Do we simply choose a different conveyancing practitioner that is on their approved list or do we pay for dual representation, with Yorkshire BS appointing their own preferred conveyancer.
When acquiring a property with the benefit of a mortgage it is standard for the purchaser’s lawyers to also act for the mortgage company. In order to act for a bank or building society a conveyancer has to be on that lender's list of approved lawyers. An application has to be made by the property lawyer to the lender to become a member of the lender's panel and there are increasingly strict criteria which the conveyancer has to fulfill. Some mortgage companies now require their panel firms to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact Yorkshire BS to discover if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on Yorkshire BS's conveyancing panel as you are at liberty to use your preferred West Dulwich lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.