I am progressing with the sale of my maisonette in South East London and the EA has just e-mailed to advise that the purchasers are changing their solicitor. The excuse is that the lender will only work with solicitors on their approved list. Why would a major lender only deal with specific law firms rather the firm that they want to select to handle their conveyancing in South East London ?
Mortgage companies have always had an approved set of law firms they are content to work with, but in recent years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Banks point to the increase in fraud as the reason for the pruning – criteria have been narrowed as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any impact on this.
I purchased a freehold premises in South East London but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in South East London and has limited impact for conveyancing in South East London but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
It has been 3 months following my purchase conveyancing in South East London took place. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Due to the input of my in-laws I had a survey completed on a property in South East London in advance of retaining lawyers. I have been informed that there is a flying freehold element to the property. The surveyor has said that some mortgage companies may not grant a mortgage on such a home.
It depends who your proposed lender is. Santander has different instructions from Halifax. Should you wish to call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in South East London. Conveyancing will be smoother if you use a solicitor in South East London especially if they regularly deal with such properties in South East London.
Can you provide any advice for leasehold conveyancing in South East London with the intention of saving time on the sale process?
- Much of the delay in leasehold conveyancing in South East London can be bypassed if you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the buyers’ representatives. The majority of freeholders or Management Companies in South East London levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in South East London. In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in South East London state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such changes. Should you dont have the approvals in place you should not communicate with the landlord without checking with your solicitor in the first instance. If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Organising a replacement share certificate can be a lengthy process and slows down many a South East London conveyancing transaction. Where a new share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.
Following years of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in South East London. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We are happy to put you in touch with a South East London conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a South East London residence is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case related to 1 flat. The unexpired residue of the current lease was 73.26 years.