It is is a decade since I purchased my house in Whitstable. Conveyancing lawyers have now been retained on the sale but I can't locate my deeds. Is this a major issue?
You need not be too concerned. First the deeds may be kept by your lender or they could be in the possession of the conveyancers who handled the purchase. Secondly the likelihood is that the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Almost all conveyancing in Whitstable relates to registered property but in the unlikely event that your property is not registered it adds to the complexity but is resolvable.
I have decided to exercise my right to buy my property in Whitstable off the council. I have a mortgage agreed with Leeds Building Society. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Leeds Building Society, you will need to appoint a solicitor on the Leeds Building Society conveyancing panel.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Whitstable building society branch on various occasions and was told it wasn't an issue and they will lend. My Whitstable conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they would not lend in accordance with their specific requirements. Who do I believe?
Your conveyancer must follow the CML Handbook section two provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am due to exchange contracts on my flat. I had a double glazing fitted in December 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Nottingham are being difficult. The Whitstable solicitor who is on the Nottingham conveyancing panel is saying indemnity insurance will be fine but Nottingham are requiring a building regulation certificate. Why do Nottingham have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nottingham have referred the matter to their valuer. The reason why Nottingham may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
The deeds to our house are lost. The lawyers who did the conveyancing in Whitstable 10 years ago are no longer around. What are my options?
Gone are the days when you need to hold title official documentation to evidence that you are the owner of your registered land or property, as the Land Registry have everything they need in a digital format.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what was supposed to be a simple, no chain conveyancing. Whitstable is the location of the property. Can you offer any guidance?
Flying freeholds in Whitstable are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Whitstable you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Whitstable 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 have recently realised that I have 72 years unexpired on my lease in Whitstable. I need to get lease extension but my landlord is missing. What are my options?
If you meet the appropriate requirements, 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 extended by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the landlord. For most situations a specialist may be useful to conduct investigations and to produce a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Whitstable.
I invested in buying a basement flat in Whitstable, conveyancing formalities finalised 9 years ago. How much will my lease extension cost? Corresponding properties in Whitstable with a long lease are worth £222,000. The average or mid-range amount of ground rent is £50 levied per year. The lease finishes on 21st October 2096
With only 70 years unexpired we estimate the premium for your lease extension to be between £9,500 and £11,000 plus professional fees.
The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.
I pay a service charge for my first floor flat in Whitstable. Due to redundancy and other issues I slipped into arrears with payments. I negotiated a clearance schedule but there remains around £2000 currently due.
I want to sell and I am panicking this could threaten to derail the sale if I have to pay off the amount due in advance. Do I have to settle before - is this viable?
Your lawyer should be in a position to negotiate with the appropriate parties, and agree with them whether or not they would accept payment from completion monies. Here is indicative of why it might be good to use a conveyancer in Whitstable as they are likely to have an open line of communication with the management company.