Just had an offer accepted on a new build flat in Chelsea. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Chelsea
-
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
I decided to have a survey done on a house in Chelsea ahead of instructing solicitors. I have been advised that there is a flying freehold aspect to the property. The surveyor has said that some lenders may refuse to issue a loan on this type of home.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Chelsea. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Chelsea to see if the conveyancing costs will increase in light of this.
I am using a search engine for the words cheap conveyancing in Chelsea it reveals many property lawyersin the vicinity. How do I determine which is the suitable property lawyer for my move?
The best way of finding the right conveyancer is through a trusted testimonial, so seek the counsel of friends and those you trust who have bought a property in Chelsea or a reputable estate agent or financial adviser. Charges for conveyancing in Chelsea differ, so it's advisable to request at least four fee estimates from varying types of conveyancers. Dont forget to clarify that the charges are guaranteed not to escalate.
Planning to exchange soon on a leasehold property in Chelsea. Conveyancing lawyers inform me that they will have a report out to me on Monday. What should I be looking out for?
The report on title for your leasehold conveyancing in Chelsea should include some of the following:
-
You would want to receive a copy of the lease specifics of the parties to the lease, e.g. these could be the lessee, head lessor, freeholder You should be told what counts as a Nuisance in the lease The physical extent of the demise. This will be the flat itself but could also include a loft or cellar if relevant. What options are available to the landlord where you have breached the provisions of the lease?
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Chelsea conveyancing firm to assist?
if there is a absentee landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to make a decision on the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Chelsea premises is 150A Albert Palace Mansions Lurline Gardens in July 2013. The Tribunal determined that the premium payable for the new lease of the subject property was £42,069 This case related to 1 flat. The unexpired term as at the valuation date was 57.06 years.
My in 2007. He has since got married, widowed and in recent months got remarried. He will be marketing the apartment next summer. I think he will simply be requested to provide a copy of his marriage certificates to the property lawyer but he is concerned it could frustrate the sale of the flat. Should he instruct a conveyancer to update the title documents for the house?
You are not required to update the register as long as you have the evidence needed to show how the change of name resulted.
Any purchaser’s lawyer will examine the land registry entries and ask for evidence to prove the name change e.g. marriage certificates.