Last August we completed a house move in Swiss Cottage. We have noticed several problems with the house which we consider were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out as part of conveyancing in Swiss Cottage?
The question is vague as what problems have arisen and if they are unique to conveyancing in Swiss Cottage. Conveyancing searches and due diligence initiated during the legal transfer of property are designed to help avoid problems. As part of the process, a property owner answers a form referred to as a SPIF. answers is incorrect, you could possibly take legal action against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Swiss Cottage.
We are downsizing from our property in Swiss Cottage and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. Any high street Swiss Cottage conveyancer would know this is not the case. It does beg the question why the purchasers instructed a nationwide conveyancing firm as opposed to a conveyancing solicitor in Swiss Cottage. We have lived in Swiss Cottage for 4 years we know that this is a non issue. Is it a good idea to contact our local Authority to seek clarification that there is no issue.
It would appear that you have a conveyancing firm already. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what should have been a quick, no chain conveyancing. Swiss Cottage is where the house is located. Is there any guidance you can give?
Flying freeholds in Swiss Cottage are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Swiss Cottage you would need to get your solicitor to go 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 Swiss Cottage may determine 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.
I am selling my property. My former lawyers has retired. It would be helpful to have a recommendation of a conveyancing firm. I happen to live in Swiss Cottage if that makes things easier.
Do use our search tool to help you choose a solicitor for your conveyancing in Swiss Cottage. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move goes smoothly.
Last June I purchased a leasehold house in Swiss Cottage. Do I have any liability for service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Swiss Cottage. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most certainly. We are happy to put you in touch with a Swiss Cottage conveyancing firm who can help.
An example of a Lease Extension case for a Swiss Cottage residence is First Floor Flat 20 Fitzjohns Avenue in July 2014. the Tribunal decided that the premiums to be paid for new leases in respect of the Raised Ground Floor Flat and the First Floor Flat were to be calculated as: Raised Ground Floor: £765,175.14 First Floor: £601,617.77 This case was in relation to 2 flats. The unexpired residue of the current lease was 16.83 and 16.43.
I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Swiss Cottage. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
The majority of houses in Swiss Cottage are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Swiss Cottage so you should seriously consider shopping around for a Swiss Cottage conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your solicitor should appraise you on the various issues.