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Ready to buy a new home in New Malden? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your New Malden conveyancing at risk of delay or failure.

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Recently asked questions about conveyancing in New Malden

Will our solicitor be making enquiries regarding flooding during the conveyancing in New Malden.

The risk of flooding is if increasing concern for lawyers dealing with homes in New Malden. Plenty of people will acquire a property in New Malden, fully expectant that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.

Lawyers are not best placed to give advice on flood risk, however there are a number of checks that can be undertaken by the purchaser or by their lawyers which should figure out the risks in New Malden. The standard information sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard question of the seller to determine if the premises has suffered from flooding. If the property has been flooded in past which is not revealed by the vendor, then a buyer could commence a claim for damages as a result of such an incorrect answer. A buyer’s solicitors should also order an environmental report. This will indicate whether there is any known flood risk. If so, additional investigations should be initiated.

Given that I am about to part with £400,000 on a garden flat in New Malden I wish to talk to a solicitor concerning thehome move ahead of instructing the firm. Can this be arranged?

This is something that we recommend - we would be happy to talk to you we do not take any clients on without you speaking to the lawyer who will be carrying out your property ownership legalities in New Malden.There is no ‘factory style conveyancing’ - each client is an important person, not a file number. The practices that we put you in touch with believe that the figure you are quoted for your conveyancing in New Malden should be the figure that you end up paying.

I have been sourcing a conveyancing practitioner in New Malden for my home move. Is it possible to see a solicitor's record with the legal regulator?

Members of the public can read published Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Visit Check a solicitor's record. For details 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 non-uk callers, use +44 (0)121 329 6800. The regulator may monitor call for training purposes.

Can you provide any top tips for leasehold conveyancing in New Malden with the aim of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in New Malden can be bypassed if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers’ representatives.
  • The majority of freeholders or managing agents in New Malden charge for supplying management packs for a leasehold home. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in New Malden. If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in New Malden state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such changes. If you dont have the consents to hand do not communicate with the landlord without checking with your solicitor in the first instance. If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge 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 buyers, but it is better to reveal the dispute as historic rather than unresolved.

I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a New Malden conveyancing firm to help?

Where there is a absentee freeholder or where there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to arrive at the price.

An example of a Lease Extension matter before the tribunal for a New Malden property 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 related to 1 flat.

Are there any distinct advantages to instructing a local property lawyer in New Malden

Home movers in New Malden select a nearby high street property lawyer so that they can attend the lawyer’s offices in the event that they have problems, and to collect mortgage deeds without using the post.

One could allege that there is a marginal advantage when opting for a property lawyer nearby to a property you are buying, due to the knowledge of the locality and possible local concerns - nevertheless this is moot. Many conveyancers are now via email and could be anywhere in the world.

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