Completed the sale of my flat in South West London last May yet the purchaser is Skype messaging me complaining that their solicitor is waiting to hear from mine. What are the post completion sale legalities following completion?
Post completion of your sale your lawyer should send the transfer deeds and all additional paperwork to the purchaser's solicitors. If applicable, your lawyer should also evidence that the home loan has been redeemed to the buyers lawyers. There is unlikely to be post completion tasks peculiar conveyancing in South West London.
How does conveyancing in South West London differ for new build properties?
Most buyers of new build residence in South West London contact us having been asked by the builder to exchange contracts and commit to the purchase even before the house is finished. This is because house builders in South West London typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in South West London or who has acted in the same development.
Over the last few months I have been searching for a flat up to £195,000 and identified one close by in South West London I like with amenity areas and railway links in the vicinity, the downside is that it's only got 49 years unexpired on the lease. There is not much else in South West London in this price bracket, so just wondered if I would be making a mistake acquiring a short lease?
If you require a home loan the remaining unexpired lease term will be an issue. Reduce the offer by the amount the lease extension will cost if not already taken into account. If the current proprietor has owned the property for at least twenty four months you can request that they start the process of the extension and pass it to you. You can add 90 years to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.
My husband and I are FTB’s - agreed a price, but the estate agent has warned us that the vendor will only move forward if we appoint the agent's recommended solicitors as they want a ‘quick sale’. We would rather use a family conveyancer who is familiar with conveyancing in South West London
We suspect that the owner is unaware of this demand. If they desire ‘a quick sale', alienating a serious purchaser is not the way to achieve this. Contact the sellers directly and make the point that (a)you are motivated purchasers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)however you will continue to appoint your preferred South West London conveyancing lawyers - not the ones that will give their estate agent a commission or meet his conveyancing thresholds set by head office.
Can you offer any advice when it comes to choosing a South West London conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a South West London conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non South West London conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be helpful:
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What volume of lease extensions has the firm conducted in South West London in the last year?
Following months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in South West London. Can we issue an application to the Residential Property Tribunal Service?
if there is a absentee landlord or where there is dispute about the premium for a lease extension, under the relevant legislation it is possible to make an application to the LVT to determine the sum to be paid.
An example of a Freehold Enfranchisement case for a South West London residence is 78 & 80 Newport Road in January 2013. the Tribunal concluded that the premium to be paid by the leaseholder in respect of the freehold reversion is £23,105 This case related to 2 flats. The number of years remaining on the existing lease(s) was 71.63 years.
I happen to be an executor of my recently deceased parent's Will, with a house in South West London which is to be marketed. The house is unregistered at the Land Registry and I'm advised that some estate agents will insist that it is in place before they will proceed. What's the procedure for this?
In the circumstances that you have set out it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.