Is there a reason to appoint a New Malden conveyancing company given that national alternatives are more affordable?
Its a good idea to get 2 or 3 like-for-like quotes for conveyancing costs in New Malden and you should seek a reasonable fee calculation but don’t be focused with looking for the cheapest New Malden conveyancer. Appointing the right conveyancer can mark the difference between a smooth and a frustrating house move. It is important that you ensure that you have expert guidance from a trusted conveyancer. Emails can't take the place of a telephone call and are no substitute for a one to one consultation. Our partner firms will appoint you a qualified and trusted conveyancing solicitor who can handle your conveyancing from start to finish, providing a level of personalised service that you are unlikely to received from an online conveyancer. Our lawyers will inform you as to any developments making sure that you are ensuring that you are updated at regular intervals. If you ever need to call the firm you will be sure who you need to speak to and they will be sure you're not left wondering what's going on.
Our son is about to exchange on a house that has just been built in New Malden with a home loan from Lloyds. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The document is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Lloyds conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Lloyds conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
It is is a decade since I purchased my property in New Malden. Conveyancing lawyers have now been appointed on the sale but I can't find my title documents. Is this a major issue?
Don’t worry too much. Firstly the deeds may be retained by your lender or they could be in the possession of the conveyancers who handled your purchase. Secondly in all probability the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Almost all conveyancing in New Malden relates to registered property but in the unlikely event that your home is not registered it is more tricky but is resolvable.
I am selling my apartment in New Malden. Will my conveyancing practitioner need to be on the Kent Reliance conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Kent Reliance conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.
Just had an offer accepted on a new build flat in New Malden. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in New Malden
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. There must be mutual enforceability of lessee’s covenants. Please confirm the Lease plans are surveyor prepared.
Do you have any advice for leasehold conveyancing in New Malden with the purpose of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in New Malden can be bypassed where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ solicitors. A minority of New Malden leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers. If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Organising a new share certificate is often a time consuming formality and frustrates many a New Malden home move. If a new share is required, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity. Many freeholders or managing agents in New Malden levy fees for supplying management packs for a leasehold home. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in New Malden. In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? New Malden leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord approving such works. Should you fail to have the approvals to hand do not contact the landlord without contacting your lawyer before hand.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a New Malden conveyancing firm to assist?
Absolutely. We are happy to put you in touch with a New Malden conveyancing firm who can help.
An example of a Lease Extension case for a New Malden flat is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.