My god-son is about to exchange on a new build apartment in St Mary Cray with a mortgage from Skipton. His solicitor 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 Skipton conveyancing panel as a standard part of the process, and to the surveyor when requested. 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 Skipton conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
We note that you have a search directory listing firms on the Aldermore conveyancing panel. Do firms pay you a referral fee if I retain them for our conveyancing in St Mary Cray?
We are a listing service only for law firms wishing to communicate if they are on the Aldermore conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in St Mary Cray.
We wanted to use a property lawyer in St Mary Cray for our home move. Our broker informed us that our bank Britannia won't deal with them. Surely this is unduly restrictive?
Before the recession most banks had a different appetite for risk. Almost all St Mary Cray conveyancing firms would have been on most mortgage company panels. The FSA in 2010 completed a thematic investigation into mortgage fraud which come to the conclusion: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, mortgage companies are increasingly seeing more information from law firms regarding their operations and their employees and set certain criteria such a completing on a minimum number of transactions. Many St Mary Cray conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. St Mary Cray is one of the many areas where the solicitors we list are members of the panel for Britannia.
I am buying a new build apartment in St Mary Cray. Conveyancing is daunting 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 is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in St Mary Cray
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There must be mutual enforceability of lessee’s covenants. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. 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.
I am 3 weeks into a leasehold purchase having been recommend to solicitors by the high street agent to carry out the conveyancing in St Mary Cray. I am am very disappointed with the quality of service. Could you you assist me in finding new lawyers?
They would have to be very bad to suggest diss instructing them. Has the mortgage offer been generated? If so you must inform them of the replacement conveyancer and get the mortgage documents are re-sent. Your new conveyancer needs to be on the banks approved list to avoid added costs and delays. So that should be your starting point. The find a solicitor tool should assist you in finding a bank approved conveyancer for your conveyancing in St Mary Cray
I wish to let out my leasehold apartment in St Mary Cray. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Some leases for properties in St Mary Cray do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Having spent months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in St Mary Cray. Can we issue an application to the Residential Property Tribunal Service?
Where there is a missing freeholder or if there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to make a decision on the sum to be paid.
An example of a Lease Extension case for a St Mary Cray premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The unexpired term was 50.57 years.