My fiance and I are intent on buying property in Stockwell. My Conveyancer is not on the lender solicitor panel. Is it possible for me to use my Stockwell conveyancing solicitor even though they are not on the bank list of approved lawyers?

Your options include

• Carry on with your chosen Stockwell conveyancer but your bank will need to appoint a conveyancing practitioner from their approved panel. This will result in additional cost together with likely delay.
• Get a new property lawyer to conduct the conveyancing, obviously checking they are on the mortgage company conveyancing panel.
• Convince your property lawyer to attempt to join the bank panel

I purchased a freehold house in Stockwell but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Stockwell and has limited impact for conveyancing in Stockwell 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 have existed for many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.

Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.

Can you clarify what the consequences are if my lawyer’s firm is expelled from the Skipton Solicitor panel ahead of completing my conveyancing in Stockwell?

First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.

How can the Landlord & Tenant Act 1954 affect my commercial property in Stockwell and how can your lawyers assist?

The 1954 Act affords a safeguard to business tenants, giving them the legal entitlement to make a request to court for a renewal lease and remain in occupation when the lease comes to an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and assist with commercial conveyancing in Stockwell

Having checked my lease I have discovered that there are only Fifty years remaining on my flat in Stockwell. I now wish to extend my lease but my freeholder is absent. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to find the lessor. In some cases a specialist should be helpful to try and locate and to produce an expert document which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Stockwell.

Having spent months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Stockwell. Can we issue an application to the Residential Property Tribunal Service?

Most definitely. We are happy to put you in touch with a Stockwell conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a Stockwell property is 3 Tintern Street in February 2010. The tribunal had jurisdiction to make a decision on the price of the freehold of the subject premises and concluded that the premium should be £24,630.00 This case was in relation to 2 flats. The unexpired lease term was 73.69 years.