I do hope you can assist me. My Potters Bar lawyer is assuring me that he is legally obliged toapply for Potters Bar conveyancing searches asthe firm are on the Lloydsapproved lawyer panel. Is this really necessary?
You have limited options available to you. Given that you are taking out a loan with a lender your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancing practitioner would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Potters Bar conveyancing searches.
I am helping my aunt sell her house in Potters Bar. Does the solicitor commission an EPC or it is for me to coordinate?
Following the demise of HIPs, energy performance certificates was maintained a required element of moving house. An energy assessment must be to hand in advance of the property being put on the market. This is not a task that law firms normally arrange. If you are using a Potters Bar conveyancing practitioner they may be willing to arrange EPC’s given their contacts with reputable Potters Bar providers
We are buying a end of terrace house in Potters Bar. We would like to convert the garage to a playroom at the property.Will the conveyancing process include enquiries to determine if these works are permitted?
Your property lawyer will check the deeds as conveyancing in Potters Bar can on occasion reveal restrictions in the title documents which prohibit certain alterations or necessitated the permission of another owner. Certain additions need local authority planning permissions and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be prudent to check these issues with a surveyor ahead of any purchase.
I recently had an offer agreed on a house in Potters Bar. My financial adviser pressured me to appoint their lawyer. I paid an on account payment of £200. A few days later, the property lawyer contacted me sheepishly admitting that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Potters Bar?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Potters Bar. 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 decided to have a survey carried out on a property in Potters Bar before appointing lawyers. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some banks may refuse to grant a loan on this type of home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. If you call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Potters Bar. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Potters Bar to see if the conveyancing costs will increase in light of this.
I work for a busy estate agency in Potters Bar where we see a few flat sales jeopardised as a result of short leases. I have been given conflicting advice from local Potters Bar conveyancing solicitors. Could you confirm whether the seller of a flat can start the lease extension process 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 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 sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
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 buyer.
My wife and I have hit a brick wall in trying to purchase the freehold in Potters Bar. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to make a decision on the amount due.
An example of a Lease Extension case for a Potters Bar property is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case related to 1 flat. The unexpired lease term was 76 years.
I have miscalculated my finances and am a couple of thousand pounds short a 10% deposit on my house purchase in Potters Bar , but I am keen proceed. What can I do?
One option is to try and accept a lower deposit. Many property owners will accept a lesser deposit or even no deposit for a first time buyer or 100% mortgage. Be aware though that if you fail to complete you will still need to hand over a minimum of 10% of the purchase price regardless of how much deposit was agreed.
You can also agree a simultaneous exchange and completion as no deposit is required for this however neither party will be tied in until completion actually takes place and it can be risky if sellers change their mind at the last second