It is a dozen years since I purchased my property in Bayswater. Conveyancing lawyers have recently been appointed on the sale but I can't track down the title documents. Is this a major issue?
You need not be too concerned. First there is a possibility that the deeds will be with the mortgage company or they could be in the possession of the conveyancers who handled the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. The vast majority of conveyancing in Bayswater relates to registered property but in the unlikely event that your home is not registered it adds to the complexity but is not insurmountable.
I am the single recipient of my late mum's estate and I have everything in my name alone, including the house in Bayswater. Conveyancing formalities meant that the Land Registry date was in November. I plan to dispose of the house. I understand that there is a CML six month 'rule', which means that my proprietorship may be regarded the same way as if I'd bought the house in November. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. Some mortgage companies would take a sensible view as this provision is primarily there to identify subsales or the flipping of property.
I am currently in the process of buying my council flat in Bayswater. I have a mortgage offer with Skipton. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Skipton, you will need to appoint a solicitor on the Skipton conveyancing panel.
The formalities of my purchase has taken place for my property in Bayswater. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. In most cases complaints to a lender are resolved very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
Should commercial conveyancing searches reveal impending roadworks that could impact a commercial property in Bayswater?
Its becoming the norm that commercial conveyancing solicitors in Bayswater will perform a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in investigating accurate data on highways that impact buildings and development assets in Bayswater. The search result provides definitive information 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 Bayswater.
For every commercial conveyancing transaction in Bayswater it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may result in delays to Bayswater commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Bayswater.
How does the Landlord & Tenant Act 1954 affect my commercial property in Bayswater and how can your lawyers assist?
The particular law that you refer to provides protection to commercial leaseholders, granting the a statutory right to apply to court for a renewal lease and continue in occupation when the lease reaches an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in Bayswater
I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Bayswater. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Bayswater ?
The majority of houses in Bayswater are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area who can assist with the conveyancing process. It is clear that you are purchasing in Bayswater so you should seriously consider shopping around for a Bayswater conveyancing practitioner and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your conveyancer will advise you fully on all the issues.
Having spent years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Bayswater. Can we issue an application to the Residential Property Tribunal Service?
if there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the premium.
An example of a Lease Extension decision for a Bayswater property is 93 Oakwood Court in June 2010. the LVT determined that the premium to be paid for the new lease was £492,083, This case affected 1 flat. The unexpired term as at the valuation date was 37.79 years.
What is the average legal costs for conveyancing in Bayswater?
The average fee last year for conveyancing in Bayswater was £1,419 not including Stamp Duty and Land Registry fees.