Just had an offer accepted on a new build apartment in Clapham and Salph End. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Clapham and Salph End
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants.
I opted to have a survey carried out on a property in Clapham and Salph End prior to instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some lenders tend refuse to grant a mortgage on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Clapham and Salph End. Conveyancing may be slightly more expensive based on your lender's requirements.
My brother has suggested that I use his conveyancing solicitors in Clapham and Salph End. Do I follow his guidance?
Much as we are happy to recommend a Clapham and Salph End conveyancing lawyer the best way to choose a conveyancing solicitor is to seek referrals from friends or family who have experience in using the firm you're contemplating using.
Do you have any top tips for leasehold conveyancing in Clapham and Salph End with the aim of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Clapham and Salph End can be bypassed where you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ lawyers. The majority of freeholders or Management Companies in Clapham and Salph End levy fees for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Clapham and Salph End. If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Clapham and Salph End leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord acquiescing to such works. Where you fail to have the paperwork to hand do not communicate with the landlord without checking with your conveyancer before hand. A minority of Clapham and Salph End leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. If you have had any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
Clapham and Salph End Leasehold Conveyancing - Sample of Questions you should consider Prior to buying
How much is the ground rent and service charge? What restrictions are there in the Clapham and Salph End Lease? You should be aware that where the lease has no more than 80 years it will have adverse implications on the value of the property. Check with your bank that they are content with remaining years on the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you would be required to have been the owner of the property for 24 months before you are eligible to extend the lease.
My conveyancer in Clapham and Salph End has informed me that he requires ID documents asserting that this forms part of his requirements as a solicitor on the mortgage company Conveyancing panel. Can this be correct?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the bank. This is not unique to conveyancing in Clapham and Salph End