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Recently asked questions about conveyancing in Mitcham

I require fast conveyancing in Mitcham as I have an ultimatum to sign on the dotted line inside 3 weeks. Thankfully I do not require a mortgage. Is it possible to escape the need for conveyancing searches to save fees and time?

As you are are a mortgage free purchaser you have the choice not to have searches conducted although no conveyancer would advise that you don't. Drawing on our experience of conveyancing in Mitcham the following are examples of what can arise and adversely impact future saleability: Refused Planning Applications, Overdue Fees, Overdue Grants, Railway Schemes,...

Are there restrictive covenants that are commonly picked up during conveyancing in Mitcham?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Mitcham. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

The estate agent has sent us the confirmation of our purchase of a new build flat in Mitcham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Mitcham

    Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?

I've recently bought a leasehold property in Mitcham. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Having spent years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Mitcham. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

You certainly can. We are happy to put you in touch with a Mitcham conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Mitcham flat is 50 & 52 Southcroft Road in September 2013. The tribunals own valuation determined that the premium payable should be £29,000 This case related to 2 flats. The unexpired term as at the valuation date was 86.11 and 60.64.

I purchased a property in Mitcham last 24/1/2018 and to date it is still not registered with HM Land Registry. It was part of a new estate and my property lawyer told me that it can take 12 months to complete the registration formalities. I have contacted the Land Registry directly and they have informed me the initial application was cancelled due to failure to reply to requisitions. Do I need to be concerned?

It is your conveyancer that you should contact in order to satisfy any questions which have arisen as part of the registration formalities for your Mitcham property. Normal Mitcham conveyancing practice includes an undertaking on the part of the vendor’s solicitor that they will help resolve any requirements raised by HMLR so it may be a case of taking action to enforce that undertaking if necessary.

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