My brother and I have just acquired a house in Kingston upon Thames. We have since encountered a number of problems with the house which we believe were overlooked in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been carried out for conveyancing in Kingston upon Thames?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Kingston upon Thames. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a form called a SPIF. If the information proves to be incorrect, then you may have a claim against the seller 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 Kingston upon Thames.
My property lawyer in Kingston upon Thames is not listed on the Santander Approved Panel. Can I still retain my prefered solicitor even though they are not on the Santander panel?
Your options are as follows:
- Carry on with your existing Kingston upon Thames lawyers but Santander will need to instruct a conveyancer on their list of acceptable firms. This will result in additional total legal charges and cause delays.
- Find an alternative practitioner to act in the purchase, remembering to check they are Santander approved.
- Try to convince your Santander based solicitor to try to join the Santander panel
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Kingston upon Thames is where the house is located. What do you suggest?
Flying freeholds in Kingston upon Thames are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Kingston upon Thames you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kingston upon Thames may determine 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 property.
How easy is it to use the search tool to choose a conveyancing solicitor in Kingston upon Thames on the panel for my mortgage?
1st select a lender such as HSBC Bank, Bank of Scotland or Britannia then choose your location such as Kingston upon Thames. Conveyancing organisations in Kingston upon Thames and across England and Wales will then be listed.
I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Kingston upon Thames. Conveyancing advisers have are soon to be appointed. Will they explain the issues?
Most houses in Kingston upon Thames are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Kingston upon Thames in which case you should be looking for a Kingston upon Thames conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your solicitor will report to you on the legal implications.
We have reached the end of our tether in trying to reach an agreement for a lease extension in Kingston upon Thames. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a Kingston upon Thames conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Kingston upon Thames 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 was in relation to 1 flat.