We are getting closer to an exchange on a flat in Dalston and my mum and dad have sent the ten percent deposit to my property lawyer. I am now informed that as the deposit has not arrived from me my conveyancing practitioner needs to make a notification to my mortgage company. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I disclosed to the bank concerning my parents' contribution when I applied for the home loan, so is it really necessary for this now to hold matters up?
Your property lawyer is duty bound to check with mortgage company to make sure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only report this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
My Solicitor in Dalston has never been on on the Norwich and Peterborough Building Society Approved Panel. Is it possible for me to retain my family solicitor even though they are excluded from the Norwich and Peterborough Building Society approved list?
The limited options available to you here include:
- Carry on with your existing Dalston solicitors but Norwich and Peterborough Building Society will need to retain a conveyancer on their panel. This will inevitably rack up the overall conveyancing charges and cause frustration.
- Choose a new solicitor to to deal with the purchase, remembering to check they are Convince your solicitor to use their best endeavours to join the Norwich and Peterborough Building Society conveyancing panel
Me and my brother own a semi-detached Edwardian house in Dalston. Conveyancing lawyer represented me and TSB. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold under the matching address. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Dalston and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the position with your conveyancing solicitor who conducted the conveyancing.
Am I better off to appoint a Dalston conveyancing lawyer who is local to the property I am purchasing? An old friend can handle the legal formalities however her office is approximately 350miles drive away.
The primary upside of using a high street Dalston conveyancing firm is that you can visit the firm to execute documents, hand in your identification documents and pester them if necessary. Having local Dalston know how is a bonus. That being said nothing is more important than finding someone that will pull out all the stops for you. If other friends have instructed your friend and on the whole were content that should trump using an unfamiliar Dalston conveyancing solicitor just because they are based in the area.
Harry (my fiance) and I may need to let out our Dalston ground floor flat temporarily due to taking a sabbatical. We instructed a Dalston conveyancing firm in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?
Your lease dictates relations between the landlord and you the leaseholder; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Dalston do not contain subletting altogether – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
Having spent years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Dalston. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a absentee landlord or if there is dispute about the premium for a lease extension, under the relevant statutes you can apply to the LVT to decide the amount due.
An example of a Freehold Enfranchisement decision for a Dalston residence 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 was in relation to 4 flats. The unexpired term was 90 (or thereabouts).