We are about to complete on the purchase of a house in Harleston but as a consequence of damage from some water damage at the property I have was able negotiate compensation from the owner in the sum of six thousand pounds taking the form of a adjustment in the price. I had intended this to be addressed as part of amending the contract yet Kent Reliance are not allowing this. Why were they informed?
The property lawyer being on a Kent Reliance approved list is duty bound to disclose to Kent Reliance of any variations to the sale price. If you were to refuse your solicitor to disclose the reduction to Kent Reliance then they would have to discontinue acting for you. In addition, Kent Reliance and you would have to appoint a new property lawyer for your conveyancing in Harleston.
is it true that all Harleston solicitors on the Nationwide conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Nationwide conveyancing panel they would need to be governed by the SRA. Many lenders do list licenced conveyancers on their panel in which case such organisation would be regulated by the Council of Licensed Conveyancers.
We are getting a further advance on our home loan from Coventry BS as we want to carry out alterations to our property in Harleston. Are we obliged to choose a high street Harleston solicitor on the Coventry BS conveyancing panel to handle the legals?
Coventry BS don't usually require firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Coventry BS conveyancing panel.
I am purchasing a property in Harleston. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?
Given that you are obtaining a mortgage with Leeds Building Society your lawyer must comply with the formal requirements set out in Part 2 of UK Finance Lenders’ Handbook for Leeds Building Society. The Council of Mortgage Lenders’ Handbook stipulates minimum provisions for solar panel roof-space leases, and lawyers are required to report to Leeds Building Society where a lease fails to meet these specifications. The conditions relate to the installation of panels on properties in England and Wales and is not restricted to Harleston.
The deeds to my property can not be found. The solicitors who handled the conveyancing in Harleston 10 years ago have long since closed. What are my next steps?
As long as you have a registered title the information relating to your proprietorship will be retained by the Land Registry with a Title Number. It is easy to conduct a search at the Land Registry, identify your property and order up to date copies of the property title for less than a fiver. If the title is Leasehold then the Land Registry will also normally hold a certified duplicate of the Registered Lease and again, a copy can be obtained for twenty pounds.
Over the last few months I have been searching for a ground for flat up to £305k and identified one close by in Harleston I like with a park and station in the vicinity, however it's only got 49 years unexpired on the lease. There is not much else in Harleston in this price bracket, so just wondered if I would be making a grave error buying a lease with such few years left?
If you need a mortgage that many years may be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for a minimum of twenty four months you can request that they start the process of the extension and pass it to you. You can add 90 years to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer concerning this matter.
In what way does the Landlord & Tenant Act 1954 affect my commercial premises in Harleston and how can you help?
The particular law that you refer to gives protection to business lessees, giving them the legal entitlement to make a request to court for a new lease and continue in occupation at the end of the lease term. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Harleston is one of the hundreds of areas of the UK in which our lawyers are located
I am a negotiator for a busy estate agency in Harleston where we have experienced a few leasehold sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local Harleston conveyancing solicitors. Please can you clarify whether the vendor of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Harleston Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
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Are any of leasehold owners in arrears of their service charge liability? The best form of lease structure is a share of the freehold. In this arrangement the lessees benefit from being in charge if their destiny and although a managing agent is often retained where the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. How is the lease structured?