It is 10 years ago since I acquired my home in Bromley Common. Conveyancing solicitors have just been instructed on the sale but I can't find my title documents. Will this jeopardise the sale?
Don’t worry too much. First there is a possibility that the deeds will be retained by your lender or they could stored with the conveyancers who oversaw your purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Almost all conveyancing in Bromley Common relates to registered property but in the unlikely event that your home is unregistered it is more tricky but is resolvable.
A relative informed me that in purchasing a property in Bromley Common there could be a number of restrictions as to what one can do in terms of external changes to the property. Is this right?
There are a number of properties in Bromley Common which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Bromley Common should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Is it the case that all Bromley Common solicitor firms on the Lloyds conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Lloyds conveyancing panel they would need to be governed by the SRA. The majority of lenders do list licenced conveyancers on their panel and in that case the organisation would be governed by the Council of Licensed Conveyancers.
I had a mortgage agreed in principle with Santander. Bromley Common conveyancing practitioners are chosen. How long does it take for Santander to issue the offer to the solicitor?
Some lenders take longer than others. Have Santander completed the survey? Have you informed Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
Will my solicitor be raising enquiries about flooding as part of the conveyancing in Bromley Common.
Flooding is a growing risk for lawyers dealing with homes in Bromley Common. There are those who purchase a house in Bromley Common, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Lawyers are not qualified to give advice on flood risk, however there are a various checks that may be undertaken by the purchaser or on a buyer’s behalf which should figure out the risks in Bromley Common. The conventional set of information given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to discover whether the premises has suffered from flooding. If the premises has been flooded in past which is not disclosed by the owner, then a purchaser could bring a legal claim for losses as a result of such an incorrect response. The purchaser’s solicitors should also conduct an enviro search. This should disclose whether there is any known flood risk. If so, additional investigations should be conducted.
I'm purchasing my first flat in Bromley Common with a mortgage from The Royal Bank of Scotland. The builders would not budge the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep advised me not reveal to my lawyer about the extras as it will jeopardize my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the input of my in-laws I had a survey completed on a house in Bromley Common before instructing lawyers. I have been informed that there is a flying freehold element to the property. The surveyor advised that some mortgage companies tend not grant a mortgage on a flying freehold property.
It depends who your proposed lender is. Lloyds has different requirements from Birmingham Midshires. Should you wish to telephone us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Bromley Common. Conveyancing may be slightly more expensive based on your lender's requirements.
I have just started marketing my basement flat in Bromley Common. Conveyancing has not commenced, but I have just received a yearly service charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal given that all rents and maintenance charges will be apportioned as part of the financial calculations for completion monies, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Bromley Common conveyancing firm to represent me?
You certainly can. We can put you in touch with a Bromley Common conveyancing firm who can help.
An example of a Lease Extension case for a Bromley Common flat is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The remaining number of years on the lease was 50.57 years.