We were just about to exchange contracts for a freehold house in Clapham. We encountered a stumbling block. Our loan offer with Barnsley Building Society expires on 15/1/2026 but the vendors are insisting on a completion date of 19/1/2026. Can one prolong the loan offer?
The person best placed to address this concern is your conveyancer who should assess if he or she is corresponding with the lender, seller’s conveyancers, estate agents or possibly all parties taking into account what has happend in your house move to date.
My Conveyancer in Clapham is not listed on the Leeds Building Society Approved Panel. Can I still continue with my family solicitor notwithstanding that they are not on the Leeds Building Society panel of approved conveyancing solicitors?
Your options are as follows:
- Carry on with your existing Clapham lawyers but Leeds Building Society will need to use a conveyancer on their panel. This will inevitably rack up the overall legal fees and cause delays.
- Get a new practitioner to act in the conveyancing, obviously checking they are Leeds Building Society approved.
- Persuade your Leeds Building Society solicitor to seek to join the Leeds Building Society panel
I am helping my sister sell her flat in Clapham. Will the conveyancing solicitor arrange an EPC or it is for me to coordinate?
After the demise of Home Information Packs, energy performance certificates was retained a mandatory element of selling a house. An energy assessment should be commissioned prior to the property being placed on the market. This is not something that conveyancers ordinarily organise. Where you are using a Clapham conveyancing solicitor they may be willing to arrange energy assessments due to their contacts with reputable Clapham providers
My wife and I purchasing a 4 bedroom semi-detached house in Clapham. The intention is to carry out a loft conversion at the property.Will the conveyancing process involve investigations to see if these alterations are permitted?
Your solicitor should review the deeds as conveyancing in Clapham can sometimes identify restrictions in the title documents which prevent certain alterations or need the permission of another owner. Many additions need local authority planning permissions and approval under the building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Clapham bank branch on a couple of occasions and was told it does not impact the mortgage offer and they would lend. My Clapham conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they would not lend based on their specific requirements. I simply don't know who is right.
Provided that the lawyer is on the mortgage company panel, they must comply with the Council of Mortgage Lenders’ Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am buying a new build apartment in Clapham. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Clapham
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a quick, no chain conveyancing. Clapham is where the house is located. What do you suggest?
Flying freeholds in Clapham are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Clapham you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Clapham may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am attracted to a two flats in Clapham which have about 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?
There are no two ways about it. A leasehold apartment in Clapham is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. The majority of buyers and lenders, leases with less than eighty years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Clapham conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I am the registered owner of a a ground floor purpose built flat in Clapham. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the sum due for a lease extension?
You certainly can. We are happy to put you in touch with a Clapham conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Clapham property is 23 Chelsham Road in May 2013. the Tribunal found that the sum of £13,870.00 was payable for the freehold following a vestig order having been granted by Swansea County Court dated 1st March 2013 This case affected 3 flats. The remaining number of years on the lease was 99 years.