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Find a Tunbridge Wells Conveyancing Solictior on Your Lender’s Panel

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

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Recently asked questions about conveyancing in Tunbridge Wells

Having sold my house in Tunbridge Wells last April but our buyer keeps texting every few hours to moan that her lawyer is waiting to hear from mine. What should have happened following completion?

After completion of your disposal your lawyer is committed to forward the transfer documentation and all of the paperwork to the purchaser's lawyers. If applicable, your conveyancer should also confirm that the mortgage has been paid off to the buyers solicitors. There is unlikely to be post completion formalities peculiar conveyancing in Tunbridge Wells.

My grandmother passed away 10 months ago and as sole heir and executor I was left the property in Tunbridge Wells. The house had a relatively small loan left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this allowed?

Given you plan to re-mortgage then RBS will insist on your using a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Tunbridge Wells. 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 conveyancing.

Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Tunbridge Wells

    Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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 Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

I opted to have a survey done on a property in Tunbridge Wells before instructing solicitors. I have been informed that there is a flying freehold aspect to the house. My surveyor advised that some lenders may refuse to grant a loan on such a premises.

It varies from the lender to lender. HSBC has different instructions from Birmingham Midshires. Should you wish to telephone us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Tunbridge Wells. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Tunbridge Wells to see if the conveyancing costs will increase in light of this.

I am employed by a reputable estate agency in Tunbridge Wells where we see a number of flat sales derailed as a result of short leases. I have received contradictory information from local Tunbridge Wells conveyancing firms. Please can you shed some light as to whether the seller of a flat can instigate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

I own a split level flat in Tunbridge Wells, conveyancing was carried out in 2002. Can you let me have an estimated range of the fair premium for a lease extension? Similar flats in Tunbridge Wells with a long lease are worth £171,000. The average or mid-range amount of ground rent is £50 levied per year. The lease comes to an end on 21st October 2097

With 79 years unexpired the likely cost is going to span between £8,600 and £9,800 plus professional fees.

The figure above a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information before seeking the advice of a professional.

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Find out more about how flying freehold can affect your the value of a property.