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Recently asked questions about conveyancing in Greenhithe

My fiancee and I are acquiring our first property. Our property lawyer has calledto check if we want to take out supplemental conveyancing searches. We are really unsure what's necessary for conveyancing in Greenhithe

The scope of Greenhithe conveyancing searches should be triggered based entirely on the property, the location, the probability of any of these risks, your familiarity of the area and risks, your general appetite to risk. What is important is that you properly comprehend what information the searches could supply. You may then make a decision if you consider that you need that search. Should you be in doubt, ask the lawyer to advise.

Can you explain why leasehold purchase conveyancing in Greenhithe is more expensive?

In summary, leasehold conveyancing in Greenhithe and elsewhere usually requires more due diligence compared to freehold transactions. This includes lease investigation, liaising with the landlord concerning the service of applicable notices, obtaining current service charge and management information, procuring the freeholder’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first granted.

Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a straight forward, chain free conveyancing. Greenhithe is where the house is located. Can you shed any light on this issue?

Flying freeholds in Greenhithe are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Greenhithe you must be sure that your lawyer goes 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 Greenhithe 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.

Can you provide any top tips for leasehold conveyancing in Greenhithe with the purpose of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Greenhithe can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information needed by the purchasers’ solicitors.
  • If you have had any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than unsettled. If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Greenhithe state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you dont have the consents in place do not communicate with the landlord without contacting your conveyancer first. If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Arranging a new share certificate can be a lengthy formality and slows down many a Greenhithe conveyancing transaction. Where a reissued share certificate is required, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

I have given up trying to purchase the freehold in Greenhithe. Can the Leasehold Valuation Tribunal adjudicate on premiums?

in cases where there is a absentee landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to assess the sum to be paid.

An example of a Lease Extension decision for a Greenhithe property is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case affected 13 flats. The unexpired residue of the current lease was 76 years.

One month into purchasing a property in Greenhithe. Conveyancing solicitor has phoned to say the property is "Leasehold". Does this make a difference on our lender’s valuation?

Greenhithe conveyancing does not normally involve leasehold houses. The crucial consideration here is the remaining lease term and the ground rent. If it's 999 years with a peppercorn rent, it's almost the same as freehold, so it’s unlikely to impact the value too much.

At the other extreme, if it's, say, 50 years it is bound to have a adverse effect on the value, and probably wouldn't be mortgageable. The length of lease and ground rent will be set out in the lease provided to your conveyancing practitioner.

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Find out more about how flying freehold can affect your the value of a property.