Last October we completed a house move in Petersham. We have noticed several issues with the property which we consider were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been carried out for conveyancing in Petersham?

It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Petersham. Conveyancing searches and investigations undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor completes a questionnaire called a Seller’s Property Information Form. If the information ends up being inaccurate, then you may have a claim against the vendor 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 Petersham.

Why do I have to pay up front when it comes to conveyancing in Petersham?

Where you are retaining lawyers for conveyancing in Petersham your solicitor will ask you place them with funds to cover the the cost of the conveyancing searches. Ordinarily this is asked for to cover the fees of the conveyancing searches. If any down payment is as part of the total price then this should be needed shortly before contracts are exchanged. The final balance that is needed should be sent to your lawyer shortly before completion.

Please help - my lawyer advises that chancel insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Petersham?

The right level of chancel indemnity insurance depends on who your lender is. It would differ for example between Halifax and Chelsea Building Society. Conveyancing lawyers as opposed to members of the public take out such policies.

We have agreed to purchase a house in Petersham. A rare aspect is that the roof has a solar panel. Nottingham have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that your lender is Nottingham your lawyer must comply with the conveyancing instructions contained in Section 2 of UK Finance Lenders’ Handbook for Nottingham. The Council of Mortgage Lenders’ Handbook stipulates minimum provisions for solar panel roof-space leases, and conveyancers are required to report to Nottingham where a lease fails to meet these specifications. The provisions relate to the installation of panels on properties countrywide and is not limited to Petersham.

I recently had an offer agreed on a house in Petersham. My mortgage broker recommended their conveyancers. I paid an on account payment of £200. A few days later, the solicitor contacted me to say that they were not on the HSBC conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the HSBC panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

About to purchase a new build apartment in Petersham. 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 enquiries that you can expect your new-build leasehold conveyancing in Petersham

Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please confirm the Lease plans are architect prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? There must be mutual enforceability of lessee’s covenants.

I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Petersham conveyancing firm to represent me?

Most definitely. We can put you in touch with a Petersham conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Petersham premises is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The unexpired term was 60.45 years.

Are there frequently found defects that you encounter in leases for Petersham properties?

There is nothing unique about leasehold conveyancing in Petersham. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

Maintenance charge proportions which don’t add up to the correct percentage A provision for the recovery of money spent for the benefit of another party.

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.