Me and my fiance are purchasing a 1 bedroom apartment in Kensal Rise with a mortgage. We have a Kensal Rise solicitor, but the lender says she’s not on their "panel". We have to appoint one of the lender panel conveyancing practices or continue with our Kensal Rise conveyancing practitioner and pay for one of their panel lawyers to represent them. We regard this is unjust; are we not able to insist that the lender use our Kensal Rise property lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Kensal Rise conveyancing lawyer to apply to be on the conveyancing panel.
We are hoping to buy a newly converted flat in Kensal Rise with a residential mortgage from Nationwide Building Society.We would like to retain our Kensal Rise conveyancing practitioner but Nationwide Building Society advised that she’s not listed on their "panel". We have to appoint a Nationwide Building Society panel firm or keep our preferred solicitor and pay for a Nationwide Building Society panel lawyer to act for them. This seems very unfair; Can we not simply insist that Nationwide Building Society use our lawyer?
No, not really. The home loan issued to you is subject to its terms and conditions, one of which will be that conveyancers will be on the Nationwide Building Society approved list. Until recently, most banks had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Nationwide Building Society
Despite weeks of looking the Title Certificate and documents to our property can not be found. The solicitors who handled the conveyancing in Kensal Rise 10 years ago are no longer around. What do I do?
As long as you have a registered title the information relating to your ownership will be recorded by the Land Registry with a Title Number. It is possible to perform a search at the Land Registry, find your house and secure current copies of the property title for a small fee. If the property is Leasehold then the Land Registry will usually hold a file copy of the Registered Lease and again, a copy can be obtained for a small fee.
I am buying a new build flat in Kensal Rise. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Kensal Rise
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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. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Forfeiture - bankruptcy or liquidation must not apply under this provision.
Do I need to be suspicious by estate agents that I am dealing with are encouraging me to use a nationwide conveyancing firm as opposed to a local Kensal Rise conveyancing firm?
As with many service providers, often referrals from connections can be most helpful. Yet there are many people with a keen interest in a conveyancing deal; estate agents, mortgage brokers and lenders may put forward lawyers to select. On occasion these solicitors might be known to one of the organisations as one of the best in their field, but sometimes there might be a commercial relationship behind the endorsement. You are at liberty to appoint your own conveyancer. However, bear in mind that some mortgage providers specify a panel list of law firms you must use for the mortgage related work in your conveyancing.
I only have 72 years remaining on my lease in Kensal Rise. I now wish to extend my lease but my landlord is absent. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to prove that you have done all that could be expected to locate the lessor. For most situations an enquiry agent should be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Kensal Rise.
Having spent months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Kensal Rise. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to calculate the price payable.
An example of a Lease Extension decision for a Kensal Rise property is 85A Chevening Road in August 2013. the Tribunals conclusions resulted in a payment of a premium for the new lease in the sum of £11,211 This case was in relation to 1 flat. The unexpired lease term was 84.34 years.