My brother and I have just purchased a property in Haggerston. We have noticed several problems with the house which we consider were missed in the conveyancing searches. What action can we take? What searches should? have been carried out as part of conveyancing in Haggerston?
The question is vague as to the nature of the problems and if they are unique to conveyancing in Haggerston. Conveyancing searches and investigations undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller answers a document referred to as a SPIF. If the information is misleading, you may have a misrepresentation claim 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 Haggerston.
Can you explain why leasehold purchase conveyancing in Haggerston is more expensive?
In summary, leasehold conveyancing in Haggerston and London usually warrants more work compared to freehold transactions. This includes analysing the lease terms, liaising with the landlord concerning the service of appropriate notices, obtaining up-to-date service charge and management information, obtaining the landlord’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – no matter how many different leaseholders have owned the lease since it was first granted.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Yorkshire BS Solicitor panel ahead of completing my conveyancing in Haggerston?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Is it necessary to pay for insurance to protect me from financial exposure to chancel repairs when acquiring a property in Haggerston?
Unless a previous purchase of the premises took place post 12 October 2013 you may expect lawyers conducting conveyancing in Haggerston to remain recommending a chancel search and or chancel repair liability policy.
I used Stirling Law several years past for my conveyancing in Haggerston. Now, I need the documents but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Haggerston of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I only have Fifty years left on my flat in Haggerston. I now wish to get lease extension but my landlord is absent. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the landlord. On the whole a specialist should be helpful to conduct investigations and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Haggerston.
After years of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Haggerston. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We are happy to put you in touch with a Haggerston conveyancing firm who can help.
An example of a Lease Extension decision for a Haggerston premises is 137 & 139 Haberdasher Street in December 2013. The Tribunal determines in accordance with section 48 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 that the premium for the extended lease for each Property should be £12,350.00. This case was in relation to 2 flats. The unexpired lease term was 72.39 years.