Last January we completed a house move in Kennington. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that needed to have been conducted as part of conveyancing in Kennington?
The query is not clear as what problems have arisen and if they are unique to conveyancing in Kennington. Conveyancing searches and due diligence initiated as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller completes a form called a Seller’s Property Information Form. If the information turns out to be misleading, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Kennington.
What does my ID and proof of funds have anything to do with my conveyancing in Kennington? What am I being asked for?
Kennington conveyancing solicitors and indeed property lawyers accross the UK have an obligation under money laundering regulations to check the ID of any client in order to satisfy themselves that clients are who they say they are.
Conveyancing clients will need to supply two forms of certified ID; proof of ID (usually a Passport or Driving Licence) and evidence of address (typically a Bank Statement no older than three months).
Evidence of the origin of funds is also necessary under the money laundering statutes as lawyers are mandated to investigate that the monies you are using to purchase a property (whether it be the deposit for exchange or the total purchase price if you are a cash purchaser) has originated from legitimate source (such as employment savings) as opposed to the fruits of illegitimate activity.
Is it the case that all Kennington conveyancing solicitors on the UBS conveyancing panel are overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the UBS approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. Some mortgage companies do permit licenced conveyancers on their panel and in such a situation the practice would be regulated by the CLC.
It is unclear whether my lender requires a lease extension. I have telephoned my Kennington bank branch on a couple of occasions and was told they are content with the situation and they would lend. My Kennington conveyancing solicitor - who is on the bank conveyancing panel- called to say that they will not lend based on their published requirements. I have no idea who is right.
Provided that the conveyancing practitioner is on the mortgage company panel, they must adhere to the Council of Mortgage Lenders’ Handbook provisions for the bank. 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 bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am selling my apartment. I had a double glazing fitted in June 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Aldermore are being difficult. The Kennington solicitor who is on the Aldermore conveyancing panel is recommending indemnity insurance as a solution but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore 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.
How easy is it to swap firm as I need to find one who is on the Bank of Ireland conveyancing panel. I was using a family conveyancing solicitor in Kennington five minutes from me but he is not accepted by Bank of Ireland
We will our best to assist in finding you a conveyancing solicitor in Kennington on the Bank of Ireland panel. Please note that the property lawyers that we list do not pay us commission if you instruct them and are fully regulated by the Solicitors Regulation Authority who regulate all conveyancing solicitors in Kennington. Using the find a conveyancing solicitor tool on this site, you can contrast charges for conveyancing solicitors in Kennington and throughout England and Wales.
In searching the world wide web for the words cheap conveyancing in Kennington it shows results of numerous conveyancersin the area. How do I determine which is the suitable conveyancing solicitor for purchase transaction?
The preferential method of seeking the right conveyancer is through a personal referral, so seek the counsel of colleagues and family who have bought a property in Kennington or a respected estate agent or financial adviser. Charges for conveyancing in Kennington vary, so it's advisable to secure a minimum of three estimates from varying types of property lawyers. Make sure that you clarify that the fees are fixed.
Last December I purchased a leasehold property in Kennington. Am I liable to pay service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Following months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Kennington. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Absolutely. We are happy to put you in touch with a Kennington conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Kennington property is Ground Floor Flat 39 Bronsart Road in May 2010. Following a vesting order by West London County Court the Leasehold Valuation Tribunal concluded that the price to be paid for the extended lease of the premises was Thirteen Thousand Two hundred pounds (£13,200) in accordance with the valuation. The extended lease was granted for a term of 90 years from the expiry date of the Lease and at a peppercorn ground rent from the date of the vesting order. This case affected 1 flat. The unexpired term as at the valuation date was 74.77 years.