I have given 2 months notice to my current landlord and have to be out of my rented property in Esher by the end of next month. Conveyancing for my house purchase has just started. Is it possible to complete in a couple of weeks as don't want to have to move into temporary accommodation?
Generally one should not provide notice on a rental until exchange of contracts has taken place. Assuming that you have not previously done so, contact to your lawyer and request that they seek the assistance the other lawyers, try to get a realistic time scale from them that all parties will work towards
My fiancee and I are in the process of viewing houses in Esher and I am now considering a potential offer. Is it sensible to have a property lawyer on ‘stand by’? I am planning to take a home loan with Kent Reliance.
You should start requesting conveyancing estimates from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. As you are getting a mortgage with Kent Reliance, ask your prospective lawyers if they are on the Kent Reliance conveyancing panel otherwise they can't do the mortgage legal work.
I have a mortgage with Nottingham for my property in Esher. Conveyancing was finalised a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Nottingham?
You must advise Nottingham prior to letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel lawyer.
I recently had an offer agreed on an apartment in Esher. My financial adviser recommended their conveyancers. I paid an on account payment of £200. Shortly after, the property lawyer contacted me to say that they were not on the Co-operative conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Co-operative panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I understand that there are debates on Chancel Insurance on online forums. Am I compelled to take this when buying a property in Esher? or Apparently there is a law dating back centuries that could mean that homeowners living in a parish church boundary may be liable to contribute towards maintenance to the chancel within the church. Is this suitable for conveyancing in Esher?
Unless a previous acquisition of the property took place after 12 October 2013 you can take it that lawyers handling conveyancing in Esher to remain encouraging a chancel search and or chancel repair liability insurance.
Due to the input of my in-laws I had a survey completed on a house in Esher ahead of retaining lawyers. I have been informed that there is a flying freehold element to the house. The surveyor advised that some lenders will refuse to give a mortgage on a flying freehold property.
It varies from the lender to lender. Santander has different instructions for example to Halifax. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Esher. Conveyancing will be smoother if you use a solicitor in Esher especially if they regularly deal with such properties in Esher.
I've recently bought a leasehold house in Esher. Do I have any liability for service charges for periods before 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element 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 have given up trying to reach an agreement for a lease extension in Esher. Can the Leasehold Valuation Tribunal adjudicate on premiums?
in cases where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to decide the premium.
An example of a Lease Extension decision for a Esher property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.
I am searching for Esher conveyancing quotes online. Can I be assured that all the Esher firms that are listed on your directory are on the mortgage company conveyancing panel?
The solicitor and licensed conveyancing practices listed on our site have advised us that they are on the mortgage company panel and agreed to advise us to take down their listing in the event of removal off of the lender panel. To date we have not been informed by either a mortgage company or a member of the public that the data about a specific Esher conveyancing solicitor being on the lender conveyancing panel is not accurate.