I am being advised by my solicitor that flying freehold insurance is needed on my purchase. What is the level of cover for West Ealing conveyancing?
The appropriate level of flying freehold indemnity insurance should be dictated by who your lender. It would differ for example between Halifax and Bank of Scotland. Conveyancing practitioners as opposed to borrowers take out such insurances.
Is it the case that all West Ealing CQS (Conveyancing Quality Scheme) solicitors are on the Barclays conveyancing panel?
It is true that some lenders now use CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of firms.
I am due to exchange contracts on my flat. I had a double glazing fitted in March 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Lloyds are being pedantic. The West Ealing solicitor who is on the Lloyds conveyancing panel is saying indemnity insurance will be fine but Lloyds are requiring a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?
It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
The deeds to our property can not be found. The solicitors who handled the conveyancing in West Ealing 10 years ago are no longer around. Will I be able to sell the house?
Nowadays there are copies made of almost everything, and your lawyer should be aware precisely where to look for all the relevant paperwork so you may purchase or dispose of your property without a hitch. If copies are not available, your solicitor can put in place insurance or indemnities against possible claims on your premises.
How does conveyancing in West Ealing differ for newly converted properties?
Most buyers of new build property in West Ealing approach us having been asked by the seller to sign contracts and commit to the purchase even before the premises is completed. This is because builders in West Ealing usually purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in West Ealing or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a quick, no chain conveyancing. West Ealing is the location of the property. Is there any guidance you can give?
Flying freeholds in West Ealing are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Ealing you must be sure that your lawyer goes 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 Ealing may determine 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 premises.
Is it best to choose a West Ealing conveyancing practitioner based in the area that I am buying? An old friend can conduct the legal formalities however her office is over three hundred miles away.
The benefit of a local West Ealing conveyancing practice is that you can attend the office to execute paperwork, deliver your identification documents and apply pressure on them where appropriate. They will also have local intelligence which is a benefit. However nothing is more important than finding someone that will do a good and efficient job. If you know people who used your friend and in the main were impressed that must surpass using an unknown West Ealing conveyancing solicitor just because they are West Ealing based.
Having checked my lease I have discovered that there are only 72 years left on my lease in West Ealing. I need to get lease extension but my landlord is can not be found. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the lessor. For most situations a specialist would be useful to try and locate and prepare a report which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court covering West Ealing.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a West Ealing conveyancing firm to assist?
Most definitely. We can put you in touch with a West Ealing conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a West Ealing flat is 6 Jessamine Road in August 2013. The Tribunals valuation (as annexed to the decision) calculated the amount payable as £18,355 for the freehold reversion This case related to 2 flats. The unexpired term was 72.39 years.