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Recently asked questions about conveyancing in Colindale

The Colindale conveyancing firm handling our Colindale conveyancing has spotted a discrepancy when comparing the information in the home valuation survey and what is revealed within the title deeds. My lawyer says that he needs to ensure that the lender is OK with this discrepancy and is content to go ahead. Is my solicitor’s approach legitimate?

Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.

It is 10 years ago since I acquired my house in Colindale. Conveyancing lawyers have just been retained on the sale but I can't track down the deeds. Will this jeopardise the sale?

Don’t worry too much. Firstly there is a chance that the deeds will be kept by your mortgage company or they could stored with the conveyancers who acted in your purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. Most conveyancing in Colindale relates to registered property but in the rare situation where your home is not registered it adds to the complexity but is resolvable.

Should our lawyer be making enquiries about flooding as part of the conveyancing in Colindale.

The risk of flooding is if increasing concern for solicitors dealing with homes in Colindale. Some people will purchase a property in Colindale, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.

Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that can be undertaken by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Colindale. The standard property information forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) contains a usual inquiry of the vendor to discover if the premises has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the owner, then a buyer could bring a claim for damages resulting from an misleading answer. The buyer’s lawyers will also commission an environmental report. This will disclose whether there is a recorded flood risk. If so, more detailed inquiries should be conducted.

I own a leasehold house in Colindale. Conveyancing and Nottingham Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Colindale who acted for me is not around. Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Colindale conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am the proprietor of a garden flat in Colindale. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the sum due for the purchase of the freehold?

Where there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the LVT to calculate the sum to be paid.

An example of a Lease Extension decision for a Colindale residence is 27B Hillside in February 2010. the resulting premium, all other aspects of the valuation having been agreed between the parties was set at £8,250 This case related to 1 flat. The number of years remaining on the existing lease(s) was 70.25 years.

Midway through the sale of a leasehold flat in Colindale. Conveyancing solicitors are doing their job but we are being charged an extortionate amount by the landlord. To date we have forked out £250 for a leasehold management pack and then a further £134.40 for responses to queries supplied by the purchaser's conveyancer.

Neither you or your property lawyer will have any control over the extent of the bill for this information but the average fee for the information for Colindale leasehold property is £360. When it comes to Colindale conveyancing sales it is conventional for the owner to pay for these charges. The landlord or their agents are under no statutory obligation to answer such questions most will agree to do so - albeit often at high prices where the fees bear little relation to the work involved. Unfortunately there is no statute that mandates fixed fees for administrative tasks. There is no statutory time frame by which they are required to issue the information.

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