Last December we completed a house move in Addiscombe. We have since encountered a number of problems with the property which we suspect were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been conducted as part of conveyancing in Addiscombe?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Addiscombe. Conveyancing searches and investigations initiated during the buying process are carried out to help avoid problems. As part of the process, a property owner answers a form called a Seller’s Property Information Form. If the information turns out to be misleading, you may have a misrepresentation claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Addiscombe.
I am in the process of mortgaging my flat in Addiscombe, does my lawyer have to be on the TSB Solicitor panel?
In theory, you could use a solicitor that is not on the TSB conveyancing panel, but TSB would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
A friend advised me that where I am buying in Addiscombe I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally quoted for as part of the standard Addiscombe conveyancing searches. It is a large report of more than thirty pages, listing and detailing important information about Addiscombe around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Addiscombe Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Addiscombe Education with plans and statistics, Local Amenities and other useful data concerning Addiscombe.
Due to the encouragement of my in-laws I had a survey completed on a house in Addiscombe ahead of appointing lawyers. I have been advised that there is a flying freehold overhang to the property. The surveyor has said that some banks tend not issue a loan on a flying freehold house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Addiscombe. Conveyancing may be slightly more expensive based on your lender's requirements.
I am using a search engine for the term on line conveyancing in Addiscombe it reveals many conveyancersin the area. With so much choice what is the best way to find the right conveyancer for me?
The preferential method of choosing a suitable conveyancer is via trusted referral, so seek the counsel of friends and relatives who have purchased a property in Addiscombe or the respected estate agent or mortgage broker. Costs for conveyancing in Addiscombe vary, so it's sensible to obtain at least four estimates from different companies. Make sure that you clarify that the fees are fixed.
Having spent years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Addiscombe. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the LVT to arrive at the price.
An example of a Freehold Enfranchisement decision for a Addiscombe residence is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case was in relation to 4 flats. The number of years remaining on the existing lease(s) was 98 years.
Are there common deficiencies that you encounter in leases for Addiscombe properties?
Leasehold conveyancing in Addiscombe is not unique. All leases are drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:
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Clauses dealing with recovering service charges for expenditure on the building or common parts. A provision to repair to or maintain parts of the premises
A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Coventry Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.