I am selling my maisonette in High Holborn and the EA has just telephoned to advise that the buyers are changing their solicitor. The excuse is that the lender will only work with property lawyers on their conveyancing panel. Why would a leading lender only engage with specific solicitors rather the firm that they want to appoint to handle their conveyancing in High Holborn ?
Lenders have always had an approved set of law firms that can represent them, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for decades.
Lenders attribute this action to a rise in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
A friend suggested that where I am purchasing in High Holborn I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually quoted for as part of the standard High Holborn conveyancing searches. It is not a small document of about 40 pages, listing and setting out important information about High Holborn around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the High Holborn Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with plans and statistics, Local Amenities and other useful information about High Holborn.
Despite weeks of looking the Title Certificate and documents to my house can not be found. The solicitors who conducted the conveyancing in High Holborn 10 years ago have long since closed. What do I do?
Gone are the days when you need to hold title deeds to evidence that you are the registered proprietor of land or property, given that the Land Registry have everything they need in a digital format.
Just had an offer accepted on a new build flat in High Holborn. 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 legal work.
Here are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in High Holborn
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Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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 are only Fifty years remaining on my flat in High Holborn. I am keen 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to find the lessor. On the whole a specialist would be helpful to try and locate and to produce an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing High Holborn.
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a High Holborn conveyancing firm to act on my behalf?
Absolutely. We can put you in touch with a High Holborn conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a High Holborn residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The remaining number of years on the lease was 66.8 years.
The lawyers undertaking our conveyancing in High Holborn has sent papers to review that show the property is unregistered with epitome documents. Is it not the case that all houses in High Holborn should be registered?
The majority of property in High Holborn is registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Many High Holborn conveyancing solicitors should be capable of dealing with such matters but where uncertainty reigns the conventional advice nowadays is for the current owners to address the registration formalities first and thereafter deal with the sale conveyance - this will predictably result in a drawn-out conveyancing.