My grandson is about to exchange on a new build apartment in Victoria with a home loan from Coventry BS. His lawyer has advised him of a delay in completing 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 engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Coventry BS 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 Coventry BS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to have this when buying a house in Victoria? or I am told that there is historic law that could mean that homeowners residing in a parish church boundary may be liable to contribute towards repairs towards the chancel within the church. Is this appropriate for conveyancing in Victoria?
Unless a prior purchase of the property completed after 12 October 2013 you could expect lawyers delivering conveyancing in Victoria to continue to advocate a chancel search and or insurance against a claim.
I have justbeen informed that Action Conveyancing have been shut down. They carried out my conveyancing in Victoria for a purchase of a leasehold flat 18 months ago. How can I check that the property is not still registered in the name of the former proprietor?
The quickest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Victoria conveyancing specialists.
Due to the input of my in-laws I had a survey completed on a house in Victoria ahead of instructing solicitors. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some banks will refuse to grant a mortgage on such a home.
It depends who your proposed lender is. Santander has different requirements from Nationwide. If you e-mail us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Victoria. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Victoria to see if the conveyancing will be more expensive.
In my capacity as executor for the estate of my uncle I am selling a property in Swansea but I am based in Victoria. My solicitor (based 300 kilometers from mehas requested that I sign a stat dec before completion. Can you recommend a conveyancing lawyer in Victoria who can witness and place their company stamp on the document?
strictly speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are located in Victoria
I work for a busy estate agent office in Victoria where we have witnessed a few leasehold sales put at risk due to leases having less than 80 years remaining. I have received conflicting advice from local Victoria conveyancing firms. Can you shed some light as to whether the vendor of a flat can commence the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Victoria. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We can put you in touch with a Victoria conveyancing firm who can help.
An example of a Lease Extension case for a Victoria flat is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case related to 2 flats. The unexpired term was 56 years.