We are about to sign contracts for a garden flat in Westminster. We have hit a snag. Our mortgage offer with Santander expires on 26/1/2026 but the owners are insisting on a completion date of 28/1/2026. Is it possible to extend the mortgage expiry date?
The person best placed to deal with your issue is your lawyer who will determine if they better off negotiating with the mortgage broker, owner’s lawyers, selling agents or indeed all parties given the history of your house move to date.
I am the registered owner of a freehold premises in Westminster but still pay rent, why is this and what is this?
It is rare for properties in Westminster and has limited impact for conveyancing in Westminster but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
My aunt passed away last year and as sole heir and executor I was left the property in Westminster. The house had a relatively small loan remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Leeds Building Society, pay off the mortgage. Is this possible?
Where you intend to re-mortgage then Leeds Building Society will require that you use a conveyancer on the Leeds Building Society conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Leeds Building Society conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Leeds Building Society mortgage is registered as a charge at the Land Registry.
When it comes to mortgage companies such as Barclays, do Westminster conveyancers have to pay a fee to be on the list of approved solicitors?
We are unaware of any mortgage company fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel application.
Can I be sure that the Westminster conveyancing solicitor on the HSBC panel is any good?
When it comes to conveyancing in Westminster seeking recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the lawyer conducting your transaction.
I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Westminster building society branch on a couple of occasions and was told they are content with the situation and they will lend. My Westminster conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend based on their published requirements. I have no idea who is right.
Provided that the lawyer is on the bank approved list, she or he must comply with the CML Handbook provisions for the bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Do commercial conveyancing searches disclose proposed roadworks that may impact a commercial land in Westminster?
Its becoming the norm that commercial conveyancing solicitors in Westminster will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Westminster. The report provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Westminster.
For each commercial conveyancing transaction in Westminster it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately could result in delays to Westminster commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Westminster.
I wish to sublet my leasehold apartment in Westminster. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
A small minority of properties in Westminster do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot 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.
I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a Westminster conveyancing firm to represent me?
Most definitely. We can put you in touch with a Westminster conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Westminster premises is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case was in relation to 2 flats. The unexpired residue of the current lease was 56 years.