My partner and I have just acquired a house in Middleton. We have noticed several problems with the property which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been conducted as part of conveyancing in Middleton?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Middleton. Conveyancing searches and due diligence undertaken during the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller answers a form called a Seller’s Property Information Form. If the information ends up being misleading, you could possibly take legal action against the seller 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 Middleton.
Finally the sale completed on my house in Middleton last October yet the purchaser is calling me complaining that his solicitor is waiting to hear from mysolicitor. What are the post completion sale legalities following completion?
Following your house sale your lawyer should forward the transfer documentation and all supplemental paperwork to the purchaser's conveyancer. Where appropriate, your solicitor should also confirm that the legal charge in favour of the lender has been paid off to the purchasers solicitors. There is unlikely to be post completion tasks just for conveyancing in Middleton.
My aunt passed away six months ago and as sole heir and executor I was left the property in Middleton. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Kent Reliance, pay off the mortgage. Is this allowed?
If you intend to re-mortgage then Kent Reliance will insist on your using a conveyancer on the Kent Reliance conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Kent Reliance conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Kent Reliance mortgage is registered as a charge at the Land Registry.
I used Arc property Solicitors several years past for my conveyancing in Middleton. Now, I need the files however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Middleton of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying my first flat in Middleton benefiting from help to buy. The builders refused to move on the price so I negotiated five thousand pounds worth of extras instead. The sale representative suggested that I not reveal to my solicitor about this side-deal as it could put at risk my loan with HSBC Bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I want to sublet my leasehold flat in Middleton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
A lease dictates relations between the landlord and you the flat owner; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Middleton do not prevent an absolute prevention of subletting – such a clause would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.
I bought a garden flat in Middleton, conveyancing formalities finalised half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar flats in Middleton with over 90 years remaining are worth £201,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease ceases on 21st October 2090
You have 65 years left to run we estimate the premium for your lease extension to be between £13,300 and £15,400 plus professional fees.
The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed investigations. Do not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.