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Ready to buy a new home in Paddington? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Paddington home move at risk of delay or failure.

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Recently asked questions about conveyancing in Paddington

In the event thatI were to buy a freehold homein Paddington mortgage fee and have no survey and no conveyancing searches how much should I expect to to save on my conveyancing in Paddington?

The only reduction in fees you would achieve is the Paddington conveyancing searches. Your solicitor still got to do everything else - money laundering, liaising with the sellers conveyancer, SDLT return, register the ownership etc. A marginal saving might be made by not having to register a charge but it won't be meaningful.

Are the BSA planning on creating a search tool with a view to list law firms on the Darlington Building Society conveyancing panel for instance in Paddington?

We have not been informed any intention on the part of the BSA to promote such a tool.

I've recently found out that there is a flying freehold element on a house I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Paddington is the location of the property. Can you shed any light on this issue?

Flying freeholds in Paddington 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 Paddington you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Paddington 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 property.

In what way does the Landlord & Tenant Act 1954 impact my commercial property in Paddington and how can your lawyers assist?

The 1954 Act affords a safeguard to business lessees, granting the legal entitlement to apply to court for a continuation of occupancy when the lease comes to an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Paddington is one of the many areas of the UK in which our lawyers are based

Can you provide any top tips for leasehold conveyancing in Paddington with the intention of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Paddington can be reduced where you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers’ conveyancers.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is less than 80 years. It is therefore essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale. If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing. If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Paddington state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such works. Should you dont have the consents to hand do not communicate with the landlord without checking with your solicitor in the first instance.

Following years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Paddington. Can we issue an application to the Residential Property Tribunal Service?

You certainly can. We are happy to put you in touch with a Paddington conveyancing firm who can help.

An example of a Lease Extension case for a Paddington flat is Flats 37 & 39 88/90 Portland Place in December 2010. The Tribunal determined that the premium payable for the lease extensions in respect of these two flats is as follows:- For Flat 37, the sum of £385,230.00 For Flat 39, the sum of £436,780.00 This case was in relation to 2 flats. The unexpired term as at the valuation date was 24.02 years.

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Neighbouring Locations

Lisson Grove
Paddington

Find out more about how flying freehold can affect your the value of a property.