It is 10 years ago since I acquired my house in Whitstable. Conveyancing lawyers have now been appointed on the sale but I can't track down my title documents. Is this a major issue?
You need not be too concerned. First the deeds may be retained by the lender or they may be in the possession of the lawyers who acted in your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. Most conveyancing in Whitstable involves registered property but in the rare situation where your property is not registered it is more tricky but is not insurmountable.
I am currently in the process of buying my council flat in Whitstable. I have a mortgage agreed with Principality. 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 Principality, you will need to appoint a solicitor on the Principality conveyancing panel.
I can not fathom if my bank 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 numerous occasions and was told they are content with the situation and they would lend. My Whitstable conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the lawyer is on the lender approved list, she or he must follow the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 left on the lease.
I am selling my apartment. I had a double glazing fitted in July 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Leeds Building Society are being problematic. The Whitstable solicitor who is on the Leeds Building Society conveyancing panel is saying indemnity insurance will be fine but Leeds Building Society are insisting on a building regulation certificate. Why do Leeds Building Society have a conveyancing panel if they don't accept advice from them?
It is probably the case that Leeds Building Society have referred the matter to their valuer. The reason why Leeds Building Society 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 my property can not be found. The conveyancers who handled the conveyancing in Whitstable 5 years ago are no longer around. Will I be able to sell the house?
Nowadays there are duplicates made of almost everything, and your conveyancer should be aware precisely where to find all the appropriate paperwork so you can buy or sell your property without any difficulty. If duplicates can’t be found, your lawyer can put in place insurance or indemnities protecting you against future claims on the premises.
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Whitstable is the location of the property. What do you suggest?
Flying freeholds in Whitstable 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 Whitstable you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Whitstable may decide 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 premises.
I only have Fifty years left on my flat in Whitstable. I need to extend my lease but my freeholder is missing. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the lessor. On the whole a specialist may be helpful to conduct investigations and prepare an expert document which can be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Whitstable.
I acquired a split level flat in Whitstable, conveyancing formalities finalised 9 years ago. Can you give me give me an indication of the likely cost of a lease extension? Corresponding flats in Whitstable with an extended lease are worth £222,000. The average or mid-range amount of ground rent is £50 per annum. The lease runs out on 21st October 2096
With only 70 years remaining on your lease we estimate the price of your lease extension to range between £9,500 and £11,000 as well as costs.
The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.
I pay a maintenance contribution for my first floor flat in Whitstable. As a result of poor financial planning I slipped behind with remittance. I negotiated a payment schedule but there remains about £1750 currently due.
I want to dispose of the property and I am panicking this could jeopardize the sale if I have to pay off the arrears first. Do I have to settle before - is this achievable?
Your conveyancer will hopefully be able to negotiate with the appropriate parties, and agree with them whether or not they would accept payment out of the completion monies. This is indicative of why it is sensible to instruct a property lawyer in Whitstable as they are likely to enjoy an established relationship with the management company.