My god-son is in the process of securing a new build apartment in Hammersmith with a mortgage from Kent Reliance. His conveyancer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Kent Reliance conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Kent Reliance conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
My brother-in-law has suggested I instruct a conveyancing solicitor in Hammersmith. I I would like to check if they are on the Skipton Building Society conveyancing panel. Can you assist?
The first thing to do is e-mail your conveyancer and ask them if they can act for the lender. Otherwise you should get in touch with Skipton Building Society who may be able to help.
My wife and I have a terraced Edwardian property in Hammersmith. Conveyancing solicitor acted for me and Skipton Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching property. I thought I was buying a freehold how can I check?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hammersmith and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing practitioner who conducted the purchase.
Just had an offer accepted on a new build flat in Hammersmith. 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 conveyancing.
Here are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Hammersmith
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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? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants.
I decided to have a survey carried out on a property in Hammersmith in advance of appointing solicitors. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some mortgage companies will not give a mortgage on such a house.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hammersmith. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hammersmith to see if the conveyancing costs will increase in light of this.
Frank (my husband) and I may need to sub-let our Hammersmith basement flat temporarily due to a new job. We instructed a Hammersmith conveyancing firm in 2002 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
Notwithstanding that your previous Hammersmith conveyancing lawyer is no longer available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without prior permission. Such consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Having spent months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Hammersmith. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We can put you in touch with a Hammersmith conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Hammersmith premises is 19 Crisp Road in June 2009. Following a vesting order (Under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993) The tribunal determined that the premium payable for the acquisition of the freehold was £33,756,apportioned as to£12,285 for the lower at and £21,471for the upper fat. This case related to 2 flats. The unexpired residue of the current lease was 68.32 years.