The vendors of the property we are hoping to buy are using a conveyancing practitioner in Dalston who has recommended a exclusivity contract with a non-refundable deposit 6,000. Is it wise to enter into such agreements?

There are two primary downsides with signing a lock out agreement (sometimes referred to as a shut-out contract) is that it takes away the focus from progressing with the conveyancing transaction itself, so unless it requires little or no negotiation then it could turn out to be a cause of frustration and delay. It is not particularly popular amongst Dalston conveyancing lawyers as a result. A supplemental negative is the extent of the remedies available - a jilted purchaser is extremely unlikely to win an injunction to prohibit the owner disposing of the property to a third party, so the only remedy available under the contract will be the reimbursement of abortive charges and, in limited scenarios, the extra payment of damages.

There is lots of information on this site concerning conveyancing in Dalston but what is your top tip for choosing the right conveyancer in Dalston

It would be unwise to be swayed by the cheapest Dalston conveyancing costs illustration. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

Is it the case that all Dalston conveyancing solicitors on the Skipton conveyancing panel are regulated by the Solicitors Regulatory Authority?

As a firm of solicitors, in order to be on the Skipton approved list of solicitors they would need to be governed by the SRA. The majority of mortgage companies do permit licenced conveyancers on their panel in which case such practice would be regulated by the CLC.

Having read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Dalston solicitor - who is on the Virgin Money conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?

Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Dalston postcode. As you are getting a mortgage with Virgin Money, you could contact them to see if they have a list of approved surveyors in Dalston.

How does conveyancing in Dalston differ for new build properties?

Most buyers of new build residence in Dalston contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is finished. This is because house builders in Dalston tend to acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Dalston or who has acted in the same development.

Due to the advice of my in-laws I had a survey completed on a house in Dalston prior to retaining lawyers. I have been told that there is a flying freehold overhang to the property. My surveyor advised that some mortgage companies may not issue a loan on this type of house.

It depends who your proposed lender is. Lloyds has different requirements for example to Halifax. Should you wish to telephone us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Dalston. Conveyancing may be slightly more expensive based on your lender's requirements.

I am attracted to a two apartments in Dalston both have about fifty years left on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold flat in Dalston is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it reduces the salability of the property. For most buyers and banks, leases with under 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Dalston conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I am the proprietor of a first floor flat in Dalston. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

if there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the LVT to assess the price.

An example of a Freehold Enfranchisement matter before the tribunal for a Dalston flat is 150 Amhurst Road in December 2013. The tribunal concluded that the premium to be paid by the applicant for the enfranchisement of the subject property was £43,500. This case related to 4 flats. The unexpired residue of the current lease was 90 (or thereabouts).