My husband and I are purchasing a newly built apartment in Tiptree and my lawyer is telling me that she is duty bound to the lender to disclose incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I would rather not delay the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Will our lawyer be making enquiries about flooding during the conveyancing in Tiptree.
The risk of flooding is if increasing concern for solicitors conducting conveyancing in Tiptree. Plenty of people will purchase a house in Tiptree, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, but there are a various checks that may be carried out by the buyer or by their solicitors which should give them a better appreciation of the risks in Tiptree. The conventional set of completed inquiry forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to find out whether the premises has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the owner, then a buyer may bring a compensation claim resulting from an incorrect reply. A buyer’s solicitors should also commission an enviro report. This should higlight whether there is any known flood risk. If so, additional inquiries should be conducted.
I used Wolstenholmes several years ago for my conveyancing in Tiptree. I now require my papers but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Tiptree of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
About to purchase a new build flat in Tiptree. 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 conveyancing.
Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Tiptree
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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.
We are a fortnight into a leasehold purchase having been referred to a firm by the high street agent to perform conveyancing in Tiptree. I am not happy. Can you help me find new conveyancers?
A solicitor would have to be very poor to suggest replacing them. Has your mortgage been issued? If so you will need to inform them of the replacement solicitor and have the mortgage documents are re-sent. The solicitor ideally should be on the banks approved list to avoid added charges and complications. So that should be your starting point. Our find a solicitor tool should help you find a lender approved lawyer for your home move in Tiptree
Helen (my wife) and I may need to rent out our Tiptree ground floor flat for a while due to a career opportunity. We instructed a Tiptree conveyancing practice in 2001 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Your lease governs the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Tiptree do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
Leasehold Conveyancing in Tiptree - Examples of Questions you should consider before buying
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How long is the Lease? This information is helpful as a) areas can result in problems for the building as the communal areas may begin to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to have all the details Does the lease include onerous restrictions?