I am acquiring a house mortgage free in West Smithfield. I have resided for the last twelve years in West Smithfield. Conveyancing searches are a lot of money. Given that I know the road and vicinity intimately should I not bother getting the solicitor to do all the conveyancing searches?
In the absence of a home loan, then the vast majority of the West Smithfield conveyancing searches are at your discretion. Your solicitor will 'advise', perhaps strongly, that you should have searches completed, but he is duty bound to take that path of guidance. One thing to bear in mind; if you are likely to dispose of the house one day, it could be of interest to your prospective buyer what the searches contain. Sometimes premises with functional issues can still show up unfavourable search results. A good conveyancing solicitor in West Smithfield should be able to give you some sensible advice concerning this.
I used Arc property Solicitors several years past for my conveyancing in West Smithfield. Now, I need the files however cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in West Smithfield of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in West Smithfield differ for new build properties?
Most buyers of new build premises in West Smithfield contact us having been asked by the builder to exchange contracts and commit to the purchase even before the property is ready to move into. This is because builders in West Smithfield tend to buy the site, 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 conveyancing solicitors 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 used to new build conveyancing in West Smithfield or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a house in West Smithfield prior to instructing lawyers. I have been informed that there is a flying freehold overhang to the house. Our surveyor has said that some banks may not issue a mortgage on such a home.
It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in West Smithfield. Conveyancing may be slightly more expensive based on your lender's requirements.
My husband and I are novice buyers - agreed a price, but the property agent told us that the vendor will only proceed if we instruct the agent's recommended conveyancers as they are insisting on a ‘quick sale’. We would rather use a family conveyancer who is accustomed to conveyancing in West Smithfield
It is unlikely the sellers are driving this. If they desire ‘a quick sale', turning down a genuine purchaser is not the way to achieve this. Contact the sellers directly and make sure they comprehend that (a)you are genuine buyers (b)you are ready to progress, with finances in place © you are chain free (d) you intend to proceed fast (e)however you will continue to use your own,trusted West Smithfield conveyancing firm - as opposed tothe ones that will earn the estate agent a commission or achieve conveyancing figures pre-set by head office.
I am employed by a long established estate agent office in West Smithfield where we have experienced a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local West Smithfield conveyancing solicitors. Could you clarify whether the vendor of a flat can instigate the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Following months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in West Smithfield. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to judgment on the amount due.
An example of a Lease Extension matter before the tribunal for a West Smithfield residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The unexpired lease term was 66.8 years.