Last February we completed a house move in Hadley Wood. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Hadley Wood?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Hadley Wood. Conveyancing searches and investigations undertaken as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller completes a questionnaire known as a SPIF. answers turns out to be misleading, you could possibly take legal action against the owner 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 Hadley Wood.
Finally the sale completed on my house in Hadley Wood last March yet the purchaser is whats apping daily complaining that his solicitor needs to hear from mine. What are the post completion sale legalities following completion?
Following your disposal your lawyer should send the transfer deeds and all of the paperwork to the buyer’s lawyers. Where appropriate, your conveyancer should also send confirmation that the home loan has been repaid to the purchasers conveyancers. There is unlikely to be post completion procedures unique to conveyancing in Hadley Wood.
My aunt passed away last year and as sole heir and executor I was left the property in Hadley Wood. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to TSB, pay off the mortgage. Is this possible?
Given you intend to refinance then TSB will insist on your using a conveyancer on the TSB conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your TSB conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the TSB mortgage is registered as a charge at the Land Registry.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a quick, no chain conveyancing. Hadley Wood is the location of the property. Can you shed any light on this issue?
Flying freeholds in Hadley Wood are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hadley Wood you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hadley Wood may determine 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.
My cousin has recommend that I instruct his lawyers for conveyancing in Hadley Wood. Should I find my own property lawyer?
Much as we are happy to recommend a Hadley Wood conveyancing lawyer it’s preferable to find a conveyancing practitioner is to have recommendations from friends or family who have previously instructed the solicitor you're contemplating using.
I wish to rent out my leasehold apartment in Hadley Wood. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Even though your previous Hadley Wood conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without first obtaining permission. The consent must not not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Hadley Wood conveyancing firm to assist?
in cases where there is a absentee landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to judgment on the amount due.
An example of a Lease Extension decision for a Hadley Wood residence is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case related to 1 flat. The unexpired term was 76 years.