I am in the process of selling my flat in South London and the estate agent has just telephoned to advise that the purchasers are switching property lawyer. The reason given is that the bank will only deal with property lawyers on their approved list. On what basis would a leading lender only deal with certain solicitors rather the firm that they want to appoint for their conveyancing in South London ?
Mortgage companies have always had an approved set of law firms they are willing to work with, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.
Mortgage companies point to the increase in fraud by way of justification for the pruning – criteria have been narrowed as a smaller panel is easier to keep an eye on. 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. Some 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 unlikely to have any sway in the decision.
Various web forums that I have come across warn that are the main reason for hinderance in South London conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published conclusions of a review by MoveWithUs that conveyancing searches do not feature within the common causes of hindrances in the conveyancing process. Searches are unlikely to feature in any holding up conveyancing in South London.
About to purchase a new build apartment in South London. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in South London
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Forfeiture - bankruptcy or liquidation must not apply under this provision.
Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
I am looking for a ground for flat up to £195,000 and found one close by in South London I like with open areas and station in the vicinity, the downside is that it's only got 49 years on the lease. I can't really find anything else in South London suitable, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you need a mortgage the shortness of the lease will be an issue. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for at least 2 years you can ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should speak to your conveyancing lawyer concerning this matter.
Frank (my husband) and I may need to sub-let our South London garden flat for a while due to a new job. We instructed a South London conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
Notwithstanding that your previous South London conveyancing solicitor is no longer around you can review your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain consent via your landlord or other appropriate person before subletting. This means that you cannot sublet without prior consent. Such consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord for their consent.
South London Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments?
Many South London leasehold flats will have a service charge for the upkeep of the building set by the landlord. If you acquire the flat you will have to pay this amount, usually quarterly during the year. This may differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all likelihood there will be a ground rent for you to pay annual, normally this is not a significant figure, say about £50-£100 but you should to enquire it because on occasion it can be many hundreds of pounds.
Best to be warned whether window replacement or some other major work is due shortly that will be shared between the tenants and will dramatically impact the level of the maintenance charges or result in a specific invoice.