Last July we completed a house move in Clayhall. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been conducted for conveyancing in Clayhall?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Clayhall. Conveyancing searches and investigations undertaken during the buying process are designed to help avoid problems. As part of the process, the vendor completes a questionnaire called a Seller’s Property Information Form. If the information provided is misleading, then you may have a claim against the vendor 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 Clayhall.
We are looking to buy a property and require a conveyancing solicitor in Clayhall who is on the HSBC solicitor panel. Can you recommend a local solicitor?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for HSBC . We don't recommend any particular firms conducting conveyancing in Clayhall.
Should our lawyer be asking questions regarding flooding during the conveyancing in Clayhall.
The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Clayhall. Some people will purchase a house in Clayhall, completely aware that at some time, it may be flooded. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Clayhall. The conventional set of completed inquiry forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the seller to determine if the property has historically flooded. In the event that flooding has previously occurred which is not disclosed by the vendor, then a buyer may commence a claim for damages stemming from an misleading answer. A purchaser’s conveyancers will also commission an environmental report. This will indicate whether there is any known flood risk. If so, further inquiries should be carried out.
Are there restrictive covenants that are commonly picked up during conveyancing in Clayhall?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Clayhall. 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…’
How does conveyancing in Clayhall differ for new build properties?
Most buyers of new build premises in Clayhall approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is completed. This is because developers in Clayhall typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Clayhall or who has acted in the same development.
I want to sublet my leasehold apartment in Clayhall. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Your lease governs relations between the landlord and you the flat owner; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Clayhall do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I am the proprietor of a garden flat in Clayhall. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?
You certainly can. We can put you in touch with a Clayhall conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Clayhall residence is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The unexpired term as at the valuation date was 65 and 61.