Me and my fiance are purchasing a 3 bedroom flat in West Ham with a mortgage. We wish to retain our West Ham lawyer, however the mortgage company says she’s not on their "panel". It appears that we have no option but to use one of the mortgage company panel conveyancing practices or continue with our West Ham conveyancer and pay for one of their panel firms to act for them. We feel that this is inequitable; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your West Ham conveyancing solicitor to apply to be on the conveyancing panel.
I am buying a house mortgage free in West Ham. I have been residing for the last dozen years in West Ham. Conveyancing searches are exorbitant. As I have knowledge of the road and vicinity very well must I have all the conveyancing searches?
If you not getting a home loan, then all but one or two of the West Ham conveyancing searches are at your discretion. Your conveyancer will try and steer you, perhaps strongly, that you should have searches carried out, but she has a professional duty to do this. Do take into account; if you are going to sell the house one day, it may be of interest to your prospective purchaser what the searches determine. On occasion properties with no practical issues can still throw up negative search results. A good conveyancing solicitor in West Ham will provide you some sensible guidance concerning this.
I have justdiscovered that Stirling Law have been shut down. They conducted my conveyancing in West Ham for a purchase of a leasehold apartment 18 months ago. How can I check that the property is not still registered in the name of the previous owner?
The quickest way to see if the premises is registered to you, you can make 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 West Ham conveyancing specialists.
I am buying a new build apartment in West Ham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in West Ham
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Please supply a car parking plan. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
I only have Sixty One years remaining on my lease in West Ham. I now wish to extend my lease but my landlord is absent. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the landlord. For most situations an enquiry agent would be useful to conduct investigations and prepare an expert document which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the application to the County Court overseeing West Ham.
After years of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in West Ham. Can we issue an application to the Residential Property Tribunal Service?
You certainly can. We can put you in touch with a West Ham conveyancing firm who can help.
An example of a Lease Extension case for a West Ham property is 46 Credon Road in January 2014. On 11 September 2013 Deputy District Judge Price sitting at the Bow County Court made a vesting order that the freeholder surrender his lease and be granted a new lease of the Premises on such terms as may be determined by the First Tier Tribunal (Property Chamber).The appropriate sum as concluded by the Tribunal was £7225 This case related to 1 flat. The unexpired term was 69.77 years.
Why is New Build conveyancing in West Ham more costly?
Acquiring a brand new premises is significantly different from the standard house purchase conveyancing in West Ham. For a start housebuilders usually require contracts to exchange within a tight deadline, the result being a lot of pressure on your conveyancer to make sure everything is in order. Furthermore new build properties often involve the checking of adoption of highways, drains, planning considerations, building warranties or architects certificates. Mortgage company requirements are also more detailed. Due to the complex nature of the process for these types of properties, the conveyancing new build fees are higher than normal.