Our son-in-law is purchasing a house that has just been built in Streatham with a home loan from Barclays. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Barclays conveyancing panel as a standard part of the process, and to the surveyor when asked. 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 Barclays conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
My aunt passed away 10 months ago and as sole heir and executor I was left the house in Streatham. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this allowed?
If you plan to refinance then RBS will insist on your using a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.
What can a local search tell me concerning the property my wife and I purchasing in Streatham?
Streatham conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search company for example Xpress Legal The local search is essential in every Streatham conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your property. The search should supply data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a straight forward, no chain conveyancing. Streatham is the location of the property. Can you offer any guidance?
Flying freeholds in Streatham are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Streatham you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Streatham may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
In what way can the Landlord & Tenant Act 1954 impact my commercial offices in Streatham and how can your lawyers assist?
The particular law that you refer to affords security of tenure to commercial leaseholders, granting the right to make a request to court for a renewal tenancy and continue in occupation when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Streatham is one of the numerous areas of the UK in which the firms we work with have offices
I am thinking of appointing a conveyancing lawyer in Streatham for my house move. Is there any facility to check a solicitor's complaints history with the profession’s regulator?
One can search for published Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Visit Check a solicitor's record. To find details Pre 2008, or to check a solicitors record, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The regulator sometimes monitor call for training reasons.