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Recently asked questions about conveyancing in Charterhouse

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

It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Charterhouse. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a property owner fills in a questionnaire referred to as a SPIF. answers proves to be misleading, you could possibly take legal action against the seller 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 Charterhouse.

I used Action Conveyancing several years past for my conveyancing in Charterhouse. Now, I need the documents but the law firm is no longer operating. What do I do?

You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Charterhouse of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

Due to the guidance of my in-laws I had a survey completed on a house in Charterhouse in advance of appointing conveyancers. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies tend refuse to grant a loan on a flying freehold house.

It varies from the lender to lender. Lloyds has different requirements from Birmingham Midshires. Should you wish to call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Charterhouse. Conveyancing will be smoother if you use a solicitor in Charterhouse especially if they are familiar with such properties in Charterhouse.

I work for a reputable estate agency in Charterhouse where we have experienced a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Charterhouse conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Charterhouse conveyancing firm to assist?

if there is a missing freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the price payable.

An example of a Lease Extension decision for a Charterhouse property is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case affected 1 flat. The unexpired residue of the current lease was 66.8 years.

A conveyancing firm acted on my conveyancing in Charterhouse half a dozen years ago and was holding my deeds but has now closed – What can I do to retreive them?

Title deeds, as such, no longer exist as the majority of homes in Charterhouse are archived digitally at Land Registry. If you need to show evidence of proprietorship or are disposing of or refinancing your property lawyer can obtain up to date copies of the register from the Land Registry in any case.

If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.

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