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Recently asked questions about conveyancing in Vauxhall

It is is a decade since I purchased my home in Vauxhall. Conveyancing lawyers have recently been appointed on the sale but I can't find my deeds. Will this cause complications?

You need not be too concerned. Firstly there is a possibility that the deeds will be with your lender or they may stored with the conveyancers who acted in your purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Vauxhall involves registered property but in the unlikely event that your home is not registered it is more of a problem but is not insurmountable.

I need some expedited conveyancing in Vauxhall as I am faced with a deadline to sign on the dotted line inside 4 weeks. Luckily I do not need a mortgage. Can I escape the need for conveyancing searches to save money and time?

As you are are a cash buyer you have the choice not to do searches although no solicitor would suggest that you don't. Drawing on years of experience of conveyancing in Vauxhall the following are instances of what can arise and adversely impact future saleability: Enforcement Actions, Outstanding Charges, Overdue Grants, Unadopted Roads,...

I have a 4 bedroom Victorian house in Vauxhall. Conveyancing practitioner acted for me and Godiva Mortgages Ltd. I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold under the matching property. I'd like to know for sure, how can I find out??

You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Vauxhall and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with your conveyancing practitioner who conducted the work.

In what way does the Landlord & Tenant Act 1954 impact my commercial property in Vauxhall and how can you help?

The 1954 Act gives a safeguard to commercial lessees, giving them the right to apply to court for a continuation of occupancy at the end of an expired lease. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Vauxhall is one of our hundreds of areas of the UK in which the firms we work with have offices

Do you have any advice for leasehold conveyancing in Vauxhall from the point of view of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Vauxhall can be reduced if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ conveyancers.
  • If you hold a share in a the freehold, you should ensure that you have the original share certificate. Arranging a replacement share certificate can be a time consuming process and slows down many a Vauxhall conveyancing deal. Where a reissued share is needed, you should approach the company officers or managing agents (if applicable) for this sooner rather than later. If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than ongoing. Some Vauxhall leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers. Many freeholders or managing agents in Vauxhall charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Vauxhall.

Having spent months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Vauxhall. Can we issue an application to the Residential Property Tribunal Service?

in cases where there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to calculate the premium.

An example of a Lease Extension case for a Vauxhall residence is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired term was 56 years.

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