Last February we completed a house move in Camberwell. We have since encountered a number of problems with the property which we suspect were missed in the conveyancing searches. Do we have any recourse? What searches should? have been ordered as part of conveyancing in Camberwell?
The question is vague as to the nature of the problems and if they are unique to conveyancing in Camberwell. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the process, a property owner answers a form referred to as a SPIF. If the information provided is incorrect, you may have a misrepresentation claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Camberwell.
We are expecting a mortgage offer soon. The bank mentioned the home loan came with free conveyancing. Is the implication that I have to use their panel conveyancer as I would much rather instruct a local conveyancing solicitor in Camberwell?
You should check but the the probability is that appoint one of their panel lawyers should you want the "fee-free" offer. Speak to the bank and explore if they make available a monetary alternative. Some mortgage companies have previously offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Camberwell.
I opted to have a survey carried out on a property in Camberwell prior to appointing solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some lenders may refuse to give a loan on a flying freehold house.
It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. If you contact us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Camberwell. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Camberwell to see if the conveyancing will be more expensive.
Frank (my husband) and I may need to sub-let our Camberwell basement flat for a while due to taking a sabbatical. We instructed a Camberwell conveyancing practice in 2004 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?
Your lease dictates the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Camberwell do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Following months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Camberwell. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to assess the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Camberwell flat is 28 Valmar Road in June 2013. this was a case with an absentee freeholder. As a result the leaseholders applied to the Lambeth County Court for an order dispensing with the giving of a notice of claim. On 25 April 2013 District Judge Zimmels made a vesting order and directed that the matter should be transferred to this tribunal to determine the premium. The tribunal concluded on a figure of £1,125 This case related to 3 flats. The unexpired term was 968 years.
Do all mortgage companies provide you with an approved list of Camberwell solicitors? How do you know who is on the bank conveyancing panel?
Camberwell law firm practices and firms conducting conveyancing in Camberwell themselves provide us confirmation that they are on the lender conveyancing panel as opposed to being supplied with a list from the bank directly.