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Recently asked questions about conveyancing in Belgravia

Last February we completed a house move in Belgravia. We have noticed several problems with the property which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been conducted as part of conveyancing in Belgravia?

The query is vague as what problems have arisen and if they are unique to conveyancing in Belgravia. Conveyancing searches and investigations undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner fills in a questionnaire known as a Seller’s Property Information Form. If the information turns out to be misleading, then you may have a claim against the vendor 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 Belgravia.

I purchased a freehold property in Belgravia but nevertheless pay rent, why is this and what is this?

It is rare for properties in Belgravia and has limited impact for conveyancing in Belgravia 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 have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.

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

I have recentlybecome aware that Action Conveyancing have been shut down. They carried out my conveyancing in Belgravia for a purchase of a leasehold apartment 9 months ago. How can I check that my home is not still registered in the name of the previous owner?

The quickest way to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Belgravia conveyancing specialists.

I am on look out for some leasehold conveyancing in Belgravia. Before diving in I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Belgravia - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Belgravia conveyancing firm to act on my behalf?

Where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to arrive at the price payable.

An example of a Lease Extension case for a Belgravia residence is Flat 3 47 Cadogan Square in December 2010. the Tribunal determined that the premium payable to the landord by the leaseholder for the lease extension was £732,935 This case related to 1 flat. The unexpired lease term was 13.33 years.

My offer on property in Belgravia has been agreed to, but there is a chain. The current proprietors have put an offer on a property, although it’s not yet agreed to, and are looking at other properties in the pipeline. I have selected a local conveyancing solicitor in Belgravia. What should be my next step? When do I get the mortgage application with Virgin Money going with Virgin Money?

It is understandable to have anxieties where there is a chain as you are unlikely to want to be too out of pocket too early (home loan application is approx one thousand pounds, then valuation, Belgravia conveyancing search costs, etc). The first thing to do is check that your solicitor is on the Virgin Money conveyancing panel. Regarding the subsequent steps this very much depends on the uniqueness of your case, desire for the property and on the state of the market. During a rising market many home buyers will apply for a home loan with Virgin Money and arrange for the valuation and only if it comes back ok would they ask their conveyancer to proceed with the conveyancing in Belgravia.

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Mayfair
Belgravia
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South Kensington

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