I am helping my sister sell her flat in Sipson. Does the conveyancer order an EPC or do I organise this?
After the abolition of Home Information Packs, energy performance certificates was retained a mandatory part of moving property. An energy assessment needs to be to hand before the property is marketed. It is not something that lawyers normally organise. If you are instructing a Sipson conveyancing solicitor they might be able to arrange EPC’s due to their contacts with long established Sipson energy assessors
I happen to be the sole recipient of my late grandmother’s estate and I have everything in my name alone, including the my former home in Sipson. Conveyancing formalities meant that the Land Registry date was in March. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', which means that my property ownership will be regarded the same way as though I had purchased the property in March. Is the property unsalable for six months?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be affected by that. How practical a view mortgage companies take of it, depend on the lender as this provision is chiefly there to identify the purchase and immediately sell or the wholesaling and assigning of property.
The formalities of my purchase has taken place for my property in Sipson. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
All lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
2 months have elapsed since my purchase conveyancing in Sipson concluded. I have checked the Land Registry website which shows that I paid £175,000 when infact I paid £160,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
About to purchase a new build apartment in Sipson. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Sipson
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are surveyor prepared.
I opted to have a survey done on a house in Sipson before appointing lawyers. I have been advised that there is a flying freehold aspect to the house. Our surveyor has said that some mortgage companies may not give a mortgage on a flying freehold house.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. Should you wish to call us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Sipson. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a negotiator for a busy estate agency in Sipson where we see a few leasehold sales jeopardised due to short leases. I have received inconsistent advice from local Sipson conveyancing solicitors. Could you confirm whether the owner of a flat can initiate 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 kick-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 needs to be completed prior to, or simultaneously with 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.
I have tried to negotiate informally with with my landlord for a lease extension without getting anywhere. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Sipson conveyancing firm to assist?
Absolutely. We can put you in touch with a Sipson conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Sipson flat is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case was in relation to 2 flats. The number of years remaining on the existing lease(s) was 69 years.
Our conveyancer in Sipson has discovered a a legal deficiency with the lease for the apartment we are purchasing in Sipson. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the bank conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or the bank?
Just because you have a mortgage offer from the mortgage company does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Sipson conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the mortgage company are the client. These conveyancing instructions have to be complied with by the lender conveyancing panel who has to balance acting for you and the bank