We are selling our house in Kenley and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A high street Kenley conveyancer would know this is not the case. For the life of me I don't know why the purchasers used an online conveyancing firm rather than a conveyancing solicitor in Kenley. Having lived in Kenley for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing solicitor already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
I decided to have a survey carried out on a house in Kenley prior to instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies will refuse to issue a loan on such a house.
It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. Should you wish to call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Kenley. Conveyancing will be smoother if you use a solicitor in Kenley especially if they are accustomed to such properties in Kenley.
I am thinking of appointing a conveyancing lawyer in Kenley for my house move. Is there any facility to check a firm’s complaints history with the profession’s regulator?
Members of the public can review published Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Visit Check a solicitor's record. To find information about the period before 1 January 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, use +44 (0)121 329 6800. The regulator sometimes recorded call for training purposes.
I am a negotiator for a busy estate agency in Kenley where we have witnessed a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given conflicting advice from local Kenley conveyancing firms. Please can you clarify whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
Alternatively, it may be possible 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.
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Kenley conveyancing firm to act on my behalf?
Absolutely. We are happy to put you in touch with a Kenley conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Kenley residence is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case related to 6 flats. The unexpired term as at the valuation date was 78.32 years.
We are in the middle of purchasing a property in Kenley. Conveyancing lawyer has phoned to say the title is "Leasehold". Does this impact the marketability of the house?
Kenley conveyancing does not in most situations involve leasehold houses. The main consideration here is the remaining lease term and the ground rent. If there are over a hundred years remaining with a peppercorn rent, it's almost the same as freehold, so it shouldn't impact the value significantly.
At the other end of the spectrum, if it's, say, Sixty years it will have a material impact on the value, and probably wouldn't be mortgageable. The length of lease and ground rent will be specified in the lease to be supplied to your lawyer.