I am assisting my sister sell her house in New Addington. Does the conveyancing solicitor commission an energy performance certificate or it is for the owner to see to?
Following the abolition of Home Information Packs, EPC’s became a mandatory component of moving house. An energy assessment needs to be commissioned prior to the property being advertised. This is not something that conveyancers normally arrange. If you are using a New Addington conveyancing solicitor they may be able to arrange EPC’s given their contacts with long established New Addington energy assessors
Is it the case that all New Addington solicitor firms on the Co-operative conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Co-operative conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. The majority of lenders do list licenced conveyancers on their panel in which case such firms would be governed by the CLC.
I've digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local New Addington solicitor - who is on the Kent Reliance conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your New Addington postcode. As you are getting a mortgage with Kent Reliance, you could contact them to see if they have a list of approved surveyors in New Addington.
I'm purchasing my first flat in New Addington benefiting from help to buy. The developers would not budge the amount so I negotiated 6k of extras instead. The house builders rep advised me not to tell my solicitor about this side-deal as it would put at risk my loan with the bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the UK Finance website. UK Finance 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 opted to have a survey completed on a property in New Addington before retaining solicitors. I have been advised that there is a flying freehold aspect to the house. The surveyor advised that some mortgage companies tend not issue a loan on such a home.
It depends who your proposed lender is. HSBC has different requirements for example to Halifax. If you e-mail us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in New Addington. Conveyancing may be slightly more expensive based on your lender's requirements.
Do I need to be wary that brokers that I am dealing with are encouraging me to use a national conveyancing firm as opposed to a local New Addington conveyancing firm?
As with many service providers, often recommendations from connections can be very helpful. Nevertheless there are many people with a keen interest in a conveyancing deal; estate agents, mortgage brokers and banks may suggest conveyancers to appoint. On occasion these lawyers might be known to one of the organisations as experts in their field, but sometimes there may be a financial incentive behind the recommendation. You are free to appoint your own lawyer. You need to be aware that many mortgage providers specify a panel list of conveyancers you must use for the mortgage related work in your conveyancing.
My partner has recommend that I use his conveyancing solicitors in New Addington. Should I use them?
Much as we are happy to recommend a New Addington conveyancing lawyer the ideal way to select a conveyancing solicitor is to have recommendations from friends or family who have actually previously instructed the firm that you are are thinking of instructing.
I am employed by a busy estate agency in New Addington where we have witnessed a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local New Addington conveyancing solicitors. Can you clarify whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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 own a ground-floor 1950’s flat in New Addington. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the sum payable for the purchase of the freehold?
Where there is a missing freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to assess the price.
An example of a Freehold Enfranchisement decision for a New Addington residence is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case related to 6 flats. The unexpired residue of the current lease was 78.32 years.