Can you help? My Islington lawyer is advising me that he has toconduct Islington conveyancing searches asthe firm are on the Nat Westsolicitor panel. Do I not have any say here?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a lender your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Islington conveyancing searches.
I have decided to exercise my right to buy my property in Islington off the council. I have a mortgage agreed with Coventry BS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Coventry BS, you will need to appoint a solicitor on the Coventry BS conveyancing panel.
I can not work out if my mortgage offer requires a lease extension. I have called my Islington bank branch on a couple of occasions and was informed it wasn't an issue and they will lend. My Islington conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they will not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Provided that the property lawyer is on the lender panel, she or he must follow the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am due to exchange contracts on my apartment. I had a double glazing fitted in August 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, RBS are being problematic. The Islington solicitor who is on the RBS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but RBS are requiring a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that RBS have referred the matter to their valuer. The reason why RBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Do commercial conveyancing searches disclose impending roadworks that could impact a commercial land in Islington?
Many commercial conveyancing solicitors in Islington will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Islington. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Islington.
For each commercial conveyancing transaction in Islington it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may cause delays to Islington commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Islington.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Islington?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Islington. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
We expect to complete the disposal of our £350,000 flat in Islington next Friday. The managing agents has quoted £372 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Islington?
Islington conveyancing on leasehold apartments usually involves the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries most will be willing to do so. They are entitled to invoice a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, without which the invoice is technically not due. In reality you have no option but to pay whatever is demanded if you want to complete the sale of your home.
We have reached the end of our tether in trying to purchase the freehold in Islington. Can the Leasehold Valuation Tribunal adjudicate on premiums?
if there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to judgment on the amount due.
An example of a Lease Extension case for a Islington property is 5C Stoke Newington Road in April 2010. the Tribunal therefore concludes that the premium to be paid for the extended lease is £700.00 This case was in relation to 1 flat. The remaining number of years on the lease was 80.5 years.
How does one remove a departed person's details from the title register for a house in Islington?
If a Islington property is jointly owned and one of the owners dies, the name will not immediately be removed from the Land Registry title. It is not necessary to amend the title as in the event of a disposal your lawyer would simply be asked to evidence as to the reason the other proprietor is not a party to the contract, such as a grant of probate.
With the aim of making the sale conveyancing simpler in the future you can apply to have the deceased party removed from the title by applying to HM Land Registry with evidence of the death. There is no charge from the Registry for this service.