Me and my partner are about to exchange buying a property in Benfleet but as a result of wreckage from some water damage at the property I have was able negotiate compensation from the current proprietors in the sum of £3k by way of a deduction in the price. This was going to be addressed as part of the conveyancing process however Co-operative are not allowing this. Why were they involved?
Any property lawyer being on a Co-operative approved list is obliged to disclose to Co-operative of any amendments to the sale price. If you were to refuse your property lawyer to report the reduction to Co-operative then they would have to discontinue acting for you. In addition, Co-operative and you would have to appoint a new lawyer for your conveyancing in Benfleet.
As someone not used to conveyancing in Benfleet what is the number one tip you can impart for the house moving process in Benfleet
You may not hear this from too many lawyers but conveyancing in Benfleet and elsewhere in England and Wales is an adversarial process. Put another way, when it comes to conveyancing there is an abundance of opportunity for friction between you and others involved in the transaction. E.g., the vendor, selling agent and sometimes your bank. Appointing a law firm for your conveyancing in Benfleet an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose role it is to protect your best interests and to keep you safe.
On occasion a third party with a vested interest will attempt to sway you that you should follow their advice. For instance, the property agent may claim to be assisting by suggesting your solicitor is slow. Or your financial adviser may tell you to do take action that is against your solicitors recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I am looking for a ground for flat up to £195,000 and identified one round the corner in Benfleet I like with open areas and railway links nearby, the downside is that it's only got 61 years unexpired on the lease. I can't really find anything else in Benfleet for this price, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you require a mortgage that many years may be problematic. Discount the price by the expected lease extension will cost if it has not already been discounted. If the current owner has owned the property for a minimum of twenty four months you could request that they commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this matter.
I need to instruct a conveyancing lawyer in Benfleet for my purchase. Can I check a firm’s complaints history with the legal regulator?
Anyone may search for published Solicitor Regulator Association (SRA) decisions resulting from inquisitions started on or after 1 January 2008. Visit Check a solicitor's record. For information about the period before 1 January 2008, or to check a firm's record, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training purposes.
I've recently bought a leasehold house in Benfleet. Am I liable to pay service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I purchased a split level flat in Benfleet, conveyancing having been completed June 2012. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Benfleet with over 90 years remaining are worth £206,000. The average or mid-range amount of ground rent is £45 yearly. The lease terminates on 21st October 2091
With just 66 years left to run the likely cost is going to range between £12,400 and £14,200 plus costs.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first getting professional advice.
Should one remove a departed person's details from the title register for a house in Benfleet?
Where a Benfleet property is co-owned and one of the owners dies, their name will not automatically be removed from the Land Registry title. You are not required to remove their name as in the event of a disposal your lawyer would just be asked to supply proof as to the reason the co proprietor is not a party to the conveyance, typically this takes the form of the probate documents.
With the aim of making the sale conveyancing more straight forward for the sale of the property you may arrange to have the deceased name removed from the title by applying to HM Land Registry with evidence of the death. There is no land registry fee payable.