My wife and I intend to remortgage our maisonette in Blackheath with Virgin Money. We have a son 18 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two questions (1) Is this document specific to the Virgin Money conveyancing panel as he did not need to sign this form when we purchased 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Virgin Money conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Virgin Money. This is solely used to protect Virgin Money if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Virgin Money had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
The deeds to my home are lost. The conveyancers who handled the conveyancing in Blackheath 4 years ago are no longer around. What are my next steps?
In today’s world there are copies made of almost everything, and your lawyer should be aware precisely where to look for all the relevant documentation so you can buy or sell your property without a hitch. If duplicates are not available, your conveyancer may be able to arrange cover in the form of insurance or indemnities against possible claims on your property.
In what way can the Landlord & Tenant Act 1954 impact my business offices in Blackheath and how can your lawyers assist?
The particular law that you refer to gives a safeguard to commercial tenants, granting the right to make a request to court for a renewal tenancy and continue in occupation at the end of an expired lease. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and assist with commercial conveyancing in Blackheath
Is it best to choose a Blackheath conveyancing lawyer who is local to the property I am buying? An old friend can perform the conveyancing but they are based over three hundred miles away.
The primary upside of using a high street Blackheath conveyancing practice is that you can attend the office to sign documents, deliver your identification documents and apply pressure on them where appropriate. They will also have local intelligence which is a bonus. That being said it's more important to get someone that will pull out all the stops for you. If you know people who instructed your friend and on the whole were happy that should surpass using an unknown Blackheath conveyancing lawyer solely due to them being round the corner.
There are only Sixty One years unexpired on my lease in Blackheath. I now want to get lease extension but my landlord is can not be found. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the lessor. For most situations a specialist may be helpful to try and locate and prepare an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court overseeing Blackheath.
I am the leaseholder of a ground floor flat in Blackheath. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the amount due for the purchase of the freehold?
Most certainly. We are happy to put you in touch with a Blackheath conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Blackheath flat is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case affected 2 flats. The unexpired term was 72 years.