Last March we completed a house move in Belmont. We have since encountered a number of problems with the property which we consider were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out as part of conveyancing in Belmont?
The query is not clear as to the nature of the problems and if they are unique to conveyancing in Belmont. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner answers a questionnaire called a Seller’s Property Information Form. answers turns out to be 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 Belmont.
What can a local search reveal concerning the property I am buying in Belmont?
Belmont conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search company for example Onsearch The local search plays a central part in most Belmont conveyancing purchase; that is if you don’t want any nasty once you have moved into your new home. The search will reveal data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.
I purchased a 4 bedroom Georgian house in Belmont. Conveyancing lawyer acted for me and Clydesdale. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Belmont and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with the conveyancing lawyer who conducted the conveyancing.
Should I be suspicious about estate agents that I am dealing with are recommending a nationwide conveyancing firm rather than a local Belmont conveyancing company?
As with many professional services, often referrals from family and friends can be worth their weight in gold. Nevertheless there are many players in a conveyancing deal; estate agents, mortgage brokers and banks may recommend solicitors to select. On occasion the solicitors might be known to one of the organisations as experts in their field, but occasionally there is an underlying commercial relationship behind the recommendation. You are at liberty to choose your preferred conveyancer. However, bear in mind that some mortgage providers operate an approved list of lawyers you have to use for the mortgage related work in your house move.
I am intending to sublet my leasehold apartment in Belmont. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
A small minority of properties in Belmont do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Belmont conveyancing firm to assist?
You certainly can. We are happy to put you in touch with a Belmont conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Belmont residence is Buchanan Court 39 Vernon Road in April 2010. the Tribunal assessed that the premium payable for the freehold of the block should be £44,000. This case was in relation to 2 flats. The unexpired term was 66.67 years.