Our conveyancer has uncovered a a problem with the lease for the flat we are purchasing in Havering-atte-Bower. The other side have offered title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancer has advised that he must ensure that the lender is happy with this solution. Are we the client or is the bank?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. The appropriate lender provisions must be adhered to.
Will our lawyer be raising questions regarding flooding during the conveyancing in Havering-atte-Bower.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Havering-atte-Bower. Some people will acquire a house in Havering-atte-Bower, completely aware that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a various searches that may be carried out by the buyer or by their conveyancers which should give them a better understanding of the risks in Havering-atte-Bower. The standard information supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to determine whether the premises has suffered from flooding. If the property has been flooded in past and is not revealed by the vendor, then a buyer may bring a claim for damages as a result of such an misleading answer. A buyer’s lawyers should also carry out an environmental search. This should disclose if there is any known flood risk. If so, more detailed investigations should be conducted.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a simple, chain free conveyancing. Havering-atte-Bower is where the house is located. Is there any guidance you can impart?
Flying freeholds in Havering-atte-Bower are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Havering-atte-Bower you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Havering-atte-Bower may decide 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 property.
My partner has suggested that I instruct his conveyancing solicitors in Havering-atte-Bower. Should I use them?
No doubt the ideal way to find a conveyancing lawyer is to seek recommendations from friends or family who have actually experience in using the conveyancer you're contemplating using.
I would like to let out my leasehold flat in Havering-atte-Bower. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Even though your previous Havering-atte-Bower conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek permission via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet without prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Havering-atte-Bower conveyancing firm to assist?
Where there is a missing freeholder or if there is dispute about the premium for a lease extension, under the relevant legislation it is possible to make an application to the LVT to judgment on the price.
An example of a Lease Extension decision for a Havering-atte-Bower premises is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case affected 1 flat. The unexpired lease term was 57.5 years.
I am purchasing a leasehold maisonette in Havering-atte-Bower. Conveyancing estimates are averaging around £1650. Is that in the right ballpark?
The average cost last year for conveyancing in Havering-atte-Bower was £1,395 not including Land Tax and HMLR fees.