We are purchasing a brand new apartment in Stanwell and my conveyancer is telling me that she has to the mortgage company to disclose incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I would rather not delay matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
About to purchase a new build flat in Stanwell. Conveyancing is necessary evil 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.
Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Stanwell
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Please confirm the Lease plans are architect prepared. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
Do I need to be suspicious that estate agents that I am dealing with are suggesting a web based conveyancing firm as opposed to a High Street Stanwell conveyancing practice?
As is the case with lots of service providers, often referrals from relatives can be extremely useful or valuable. But there are many players in a conveyancing transaction; estate agents, financial adviser and lenders may suggest lawyers to retain. Sometimes these solicitors might be known to one of the organisations as experts in their field, but sometimes there might be a commercial relationship behind the recommendation. You are free to choose your own conveyancer. You need to be aware that the majority of mortgage providers specify a panel list of law firms you are obliged to use for the lender aspect of your home move.
My father-in-law has recommend that I appoint his conveyancing solicitors in Stanwell. Do I take his advice?
No doubt the ideal way to select a conveyancing lawyer is to have referrals from friends or relatives who have actually used the firm you're considering.
I only have Fifty years unexpired on my lease in Stanwell. I am keen to extend my lease but my landlord is can not be found. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the lessor. On the whole a specialist may be useful to try and locate and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on devolving into the landlord’s disappearance and the application to the County Court overseeing Stanwell.
I am the registered owner of a ground-floor 1950’s flat in Stanwell. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for the purchase of the freehold?
Most certainly. We are happy to put you in touch with a Stanwell conveyancing firm who can help.
An example of a Lease Extension decision for a Stanwell residence is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case related to 1 flat. The unexpired residue of the current lease was 82.93 years.
I am an executor of my recently deceased mum’s Will, with a property in Stanwell which will be marketed. The bungalow has never been registered at HMLR and I'm told that some purchasers will insist that it is completed before they will move forward. What's the mechanism for this?
In the situation you refer to it seems advisable to apply 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.