My brother and I have just bought a property in Kensal Rise. We have noticed several issues with the property which we suspect were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been conducted as part of conveyancing in Kensal Rise?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Kensal Rise. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the legal transfer of property, the vendor answers a questionnaire called a Seller’s Property Information Form. answers is incorrect, you may have a misrepresentation claim against the vendor 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 Kensal Rise.
I am the registered owner of a freehold property in Kensal Rise yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Kensal Rise and has limited impact for conveyancing in Kensal Rise but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
I am thinking of refinancing my house in Kensal Rise, does my lawyer have to be on the Leeds Building Society Solicitor panel?
There is nothing to stop you using your solicitor, but Leeds Building Society will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
A relative advised me that where I am buying in Kensal Rise I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually included in the estimate for your Kensal Rise conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about Kensal Rise around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Kensal Rise Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Kensal Rise Education with plans and statistics, Local Amenities and other useful data concerning Kensal Rise.
I work for a reputable estate agent office in Kensal Rise where we have witnessed a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received conflicting advice from local Kensal Rise conveyancing solicitors. Can you confirm whether the vendor of a flat can initiate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Kensal Rise conveyancing firm to act on my behalf?
Most definitely. We can put you in touch with a Kensal Rise conveyancing firm who can help.
An example of a Lease Extension decision for a Kensal Rise premises 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 affected 1 flat. The unexpired residue of the current lease was 84.34 years.
We are soon to purchasing a flat in Kensal Rise. Can our conveyancing practitioner have our purchase price a secret from the likes of Rightmove. How do I ensure this is not noted?
HM Land Registry by statute are required to disclose price paid data on the official title for residential properties countrywide which includes homes in Kensal Rise. The Title Register is an open document, so the Land Registry would be breaking the law if they did not permit access to the register.
In essence you can ask HM Land Registry to withhold the price paid data however the answer will be a No.