Last June we completed a house move in Archway. We have noticed several issues with the property which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been conducted as part of conveyancing in Archway?

The query is vague as what problems have arisen and if they are unique to conveyancing in Archway. Conveyancing searches and investigations undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a property owner completes a form referred to as a Seller’s Property Information Form. If the information ends up being incorrect, you may have a misrepresentation claim against the owner 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 Archway.

I am the registered owner of a freehold residence in Archway but nevertheless pay rent, why is this and what is this?

It is rare for properties in Archway and has limited impact for conveyancing in Archway but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.

Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.

My wife and I purchasing a terrace house in Archway. The intention is to convert the garage to a playroom at the property.Will the conveyancing process involve enquiries to see if these alterations were previously refused?

Your conveyancer will review the registered title as conveyancing in Archway can occasionally reveal restrictions in the title documents which restrict certain changes or need the permission of a 3rd party. Many additions require local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these things with a surveyor prior to committing yourself to a purchase.

My fiancee and I are in the throws of looking at flats in Archway and I am about to put in an offer. Should I already have a solicitor appointed at this stage? I am planning to take a home loan with Skipton.

It would be sensible to instigate your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the estate agent. Given that you are seeking a mortgage with Skipton, make sure you remember to check that your lawyer is on the Skipton conveyancing panel.

After much negotiation I have agreed a price on an apartment in Archway. My financial adviser recommended their conveyancers. I paid an upfront payment of £200. Soon after, the conveyancing practitioner called me sheepishly admitting that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

I am 14 days into a residential purchase having been directed to solicitors by the selling agent to handle our conveyancing in Archway. I am not happy. Could you help me find new conveyancers?

They would need to be very poor to suggest changing them. Has your mortgage offer been generated? In the event that it has you must advise them of the new conveyancer and have the loan are re-sent. Your solicitor ideally should be on the mortgage company approved list to avoid added costs and frustration. That should be your starting point. The search tool should assist you in finding a lender approved solicitor for your home move in Archway

I've recently bought a leasehold property in Archway. Do I have any liability for service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I own a second floor flat in Archway. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for a lease extension?

Absolutely. We can put you in touch with a Archway conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Archway residence is Flat 2A 19 Shepherds Hill in June 2014. The tribunal concluded in accordance with section 48 and schedule 13 of the Leasehold Reform,Housing and Urban Development Act (the 1993 Act) that the premium payable in respect of the grant of a new lease for the Flat be £24,303 (twenty four thousand three hundred and three pounds) This case affected 1 flat. The unexpired residue of the current lease was 67.85 years.