I am soon to complete buying a house in Dorset but as a consequence of damage from a small fire at the property I have was able negotiate recompense from the owner of three thousand pounds taking the form of a reduction in the price. This was going to be dealt with as part of amending the contract but Clydesdale are not allowing this. Should they have been involved?
Your conveyancer that is on a Clydesdale approved list is obliged to advise Clydesdale of any amendments to the sale price. If you prohibit your conveyancer to report the price change to Clydesdale then they would have to discontinue acting for you. In addition, Clydesdale and you would have to appoint a new conveyancer for your conveyancing in Dorset.
I am purchasing a new build house in Dorset with the aid of help to buy. The builders refused to reduce the amount so I negotiated 6k of fixtures and fittings instead. The property agent suggested that I not reveal to my lawyer about the side-deal as it will jeopardize my loan with Platform Home Loans Ltd. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a simple, no chain conveyancing. Dorset is the location of the property. What do you suggest?
Flying freeholds in Dorset are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Dorset you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Dorset may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
In what way can the Landlord & Tenant Act 1954 affect my business property in Dorset and how can your lawyers assist?
The 1954 Act affords security of tenure to commercial leaseholders, giving them the a statutory right to make a request to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Dorset is one of our numerous areas of the UK in which our lawyers are located
I work for a long established estate agency in Dorset where we have experienced a number of leasehold sales put at risk due to short leases. I have received contradictory information from local Dorset conveyancing firms. Can you confirm whether the owner of a flat can start the lease extension process for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I am the registered owner of a 1st floor flat in Dorset, conveyancing was carried out half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Dorset with over 90 years remaining are worth £195,000. The ground rent is £45 invoiced every year. The lease ceases on 21st October 2085
With 63 years left to run the likely cost is going to range between £16,200 and £18,600 plus plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed investigations. You should not use the figures in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.