My partner and I are hoping to purchase a home in Kennington and have appointed a Kennington conveyancing practice. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Halifax have this afternoon contacted us to inform me that they have now hit a problem as our Kennington lawyer is not on their approved list of lawyers. Please explain?
Where you are buying a property requiring a mortgage it is normal for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Kennington solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
The owners have rather brash vendors who has recommended a preliminary contract with a non-refundable deposit 6,000. Is it wise to enter into such agreements?
There are two main drawbacks with executing a lock out agreement (also known as a shut-out contract) is that it can distract from progressing with the conveyancing transaction itself, so in the absence of it needing limited or no negotiation then it could transpire to be unhelpful. It is not particularly popular by Kennington conveyancing lawyers for this reason. A further concern is the extent of the remedies available - an aggrieved buyer should not expect to win an injunctive ruling by a court to stop the owner disposing of the property to a third party, so the only remedy open via the contract will be the reimbursement of wasted charges and, in limited situations, the extra payment of penalties.
I am considering applying for a RBS mortgage for purchase of a newly converted (under development) in Kennington with 70% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for RBS ?
In theory, you could use a solicitor that is not on the RBS conveyancing panel, but RBS would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
When it comes to mortgage companies such as Principality, do Kennington conveyancing practitioners have to pay an annual charge to be on the list of approved solicitors?
We are not aware of any lender fees to be on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel application.
I am purchasing a property in Kennington. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Co-operative be concerned?
As you are obtaining a mortgage with Co-operative your lawyer must comply with the formal requirements set out in Part 2 of UK Finance Lenders’ Handbook for Co-operative. The CML Handbook includes minimum provisions for solar panel roof-space leases, and property lawyers are required to report to Co-operative where a lease fails to meet these conditions. The provisions relate to the installation of panels on properties in England and Wales and is not restricted to Kennington.
After shopping around on the internet I have found a Kennington conveyancer having made sure that they are on the Clydesdale conveyancing panel. Does my lawyer arrange the survey of the property?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Kennington surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I am looking at a two apartments in Kennington both have about fifty years left on the leases. Will this present a problem?
There is no doubt about it. A leasehold apartment in Kennington is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. The majority of buyers and banks, leases with under eighty years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Kennington conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Kennington conveyancing firm to assist?
in cases where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the LVT to make a decision on the price.
An example of a Lease Extension decision for a Kennington property is Ground Floor Flat 39 Bronsart Road in May 2010. Following a vesting order by West London County Court the Leasehold Valuation Tribunal concluded that the price to be paid for the extended lease of the premises was Thirteen Thousand Two hundred pounds (£13,200) in accordance with the valuation. The extended lease was granted for a term of 90 years from the expiry date of the Lease and at a peppercorn ground rent from the date of the vesting order. This case affected 1 flat. The unexpired lease term was 74.77 years.