I am getting a offer of a home loan from Halifax. I intend to enlist the help of a Licensed Conveyancer in Esher. Does the Halifax Solicitor panel include conveyancers regulated by the CLC?
The Halifax conveyancing panel is, like many other lenders, represented by the CML or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
Last October we completed a house move in Esher. We have noticed several issues with the property which we believe were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been carried out for conveyancing in Esher?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Esher. Conveyancing searches and investigations initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller fills in a form called a SPIF. If the information provided is inaccurate, you may have a misrepresentation claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Esher.
How does conveyancing in Esher differ for new build properties?
Most buyers of new build premises in Esher approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is constructed. This is because builders in Esher usually acquire the site, 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 property lawyers 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 Esher or who has acted in the same development.
My step-father has urged me to use his lawyers for conveyancing in Esher. Should I find my own conveyancer?
There are no two ways about it it’s preferable to choose a conveyancing solicitor is to have guidance from friends or relatives who have previously instructed the firm that you are are thinking of instructing.
I work for a busy estate agency in Esher where we have witnessed a number of leasehold sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Esher conveyancing solicitors. Please can you confirm whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?
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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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 buyer.
After months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Esher. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We are happy to put you in touch with a Esher conveyancing firm who can help.
An example of a Lease Extension decision for a Esher residence is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.