Last October we completed a house move in Bitterne. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been conducted as part of conveyancing in Bitterne?
The question is vague as to the nature of the problems and if they are specific to conveyancing in Bitterne. Conveyancing searches and due diligence undertaken as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor answers a questionnaire referred to as a Seller’s Property Information Form. answers is incorrect, 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 Bitterne.
A friend advised me that in buying a property in Bitterne there could be a number of restrictions prohibiting external changes to a property. Is this right?
We are aware of a number of properties in Bitterne which have some sort of restriction or requirement of consent to perform external changes. Part of the conveyancing in Bitterne should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Is it correct that all Bitterne CQS (Conveyancing Quality Scheme) solicitors are on the Lloyds conveyancing list of approved firms?
A selection of lenders now use the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
The formalities of my purchase has taken place for my property in Bitterne. Conveyancing was satisfactory but I would like to complain about the lender. How do I make a complaint?
Almost all banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. Ordinarily complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
A friend advised me that where I am purchasing in Bitterne I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes included in the estimate for your Bitterne conveyancing searches. It is not a small document of more than thirty pages, listing and detailing significant information about Bitterne around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data about Bitterne.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Bitterne?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Bitterne. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am a negotiator for a reputable estate agency in Bitterne where we have witnessed a few leasehold sales put at risk due to leases having less than 80 years remaining. I have received contradictory information from local Bitterne conveyancing solicitors. Could you confirm whether the owner of a flat can start the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to 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 wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
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.
I invested in buying a 1st floor flat in Bitterne, conveyancing having been completed 9 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar properties in Bitterne with over 90 years remaining are worth £216,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease terminates on 21st October 2094
With 69 years left to run we estimate the price of your lease extension to be between £9,500 and £11,000 as well as costs.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.
I'm purchasing a apartment in Bitterne. I can find my conveyancer's company on the CLC list, but I can't see my lawyer's name as listed on the regulator's website. Is this a big problem?
Not every individual in the practice must be listed by the regulator. Provided there is someone qualified to 'oversee' the work, the actual day-to-day activity can be undertaken by unqualified staff.