Me and my partner are about to exchange on the purchase of a property in Kent but as a consequence of wreckage from the recent storms I have was able negotiate reparation from the owner of three thousand pounds by way of a deduction in the price. I had intended this to be dealt with as part of amending the contract however Principality are not allowing this. Why were they notified?
Your lawyer that is on a Principality conveyancing panel is obliged to disclose to Principality of any variations to the sale price. If you prohibit your property lawyer to notify the reduction to Principality then they would have to discontinue acting for you. In addition, Principality and you would have to appoint a new property lawyer for your conveyancing in Kent.
Can I use your services to find a Conveyancing solicitor in Kent even where I’m not purchasing or selling a house, for example if I wish to buy a shop in Kent with a loan from Halifax?
Our comparison service is mainly there to find domestic conveyancing solicitors in Kent but we have recorded at the end of this page a selection of Kent commercial conveyancing firms. You will need to speak with the solicitors directly to check if they can also act for Halifax
Will my conveyancer be raising enquiries regarding flooding as part of the conveyancing in Kent.
The risk of flooding is if increasing concern for solicitors dealing with homes in Kent. There are those who purchase a house in Kent, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Conveyancers are not qualified to offer advice on flood risk, but there are a various searches that can be initiated by the buyer or on a buyer’s behalf which can figure out the risks in Kent. The conventional set of completed inquiry forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the owner to find out whether the property has ever been flooded. If the property has been flooded in past and is not revealed by the owner, then a purchaser may commence a legal claim for losses as a result of such an incorrect response. The buyer’s solicitors will also order an environmental search. This will indicate whether there is a recorded flood risk. If so, further inquiries should be conducted.
Are there restrictive covenants that are commonly picked up during conveyancing in Kent?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Kent. 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…’
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Kent. Conveyancing solicitors have not yet been instructed. Will they explain the issues?
Most houses in Kent are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can help the conveyancing process. It is clear that you are purchasing in Kent in which case you should be shopping around for a Kent conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should report to you on the legal implications.
Kent Leasehold Conveyancing - Examples of Queries Prior to buying
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Most Kent leasehold properties will have a service charge for maintenance of the block set on behalf of the management company. Where you buy the apartment you will have to pay this liability, normally periodically during the year. This could vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a ground rent for you to pay yearly, this is usually not a significant figure, say around £50-£100 but you should to check as sometimes it could be many hundreds of pounds. The prefered form of lease structure is a share of the freehold. In this arrangement the lessees benefit from control and even though a managing agent is usually retained where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Who are the managing agents?
My wife and I are purchasing a first floor flat in Kent. When we first instructed property lawyer, they told us that they were on all major UK mortgage company panels. Our mortgage broker called just now to say that they don't seem to be on the Nationwide approved list. Were it to be true, what should we do? Do we simply pick a different property lawyer that is on their approved list or do we pay for dual representation, with Nationwide appointing their own approved conveyancing practitioner.
When buying a property with mortgage finance it is standard for the purchaser’s solicitors to also act for the mortgage company. In order to act for a bank or building society a solicitor has to be on that lender's conveyancing panel. An application has to be made by the property lawyer to the lender to become a member of the lender's panel and there are increasingly strict conditions which the solicitor has to meet. Some mortgage companies now insist their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your lawyer should call Nationwide to discover if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on Nationwide's conveyancing panel as you are at liberty to use your preferred Kent lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another conveyancing practitioner into the equation.