It is is a decade since I bought my house in Waltham Forest. Conveyancing solicitors have just been instructed on the sale but I can't track down the title documents. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a chance that the deeds will be retained by the lender or they could be in the possession of the solicitor who acted in your purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. The vast majority of conveyancing in Waltham Forest relates to registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
My Conveyancer in Waltham Forest is not listed on the Leeds Building Society Conveyancing Panel. Can I still use my prefered solicitor notwithstanding that they are not on the Leeds Building Society panel of approved conveyancing solicitors?
Your options are as follows:
- Carry on with your existing Waltham Forest lawyers but Leeds Building Society will need to retain a lawyer on their panel. This will inevitably rack up the total conveyancing charges as well as cause delays.
- Choose an alternative lawyer to act in the conveyancing, remembering to check they are Leeds Building Society approved.
- Try to convince your Leeds Building Society based solicitor to attempt to join the Leeds Building Society panel
I have been on the look out for a flat up to £245,000 and found one near me in Waltham Forest I like with open areas and railway links nearby, the downside is that it only has 52 remaining years left on the lease. I can't really find anything else in Waltham Forest suitable, so just wondered if I would be making a mistake acquiring a short lease?
If you require a mortgage the shortness of the lease may be a potential deal breaker. Reduce the price by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the property for a minimum of twenty four months you can ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease and have £0 ground rent by law. You should consult your conveyancing solicitor about this matter.
Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Waltham Forest. I now want to get lease extension but my landlord is can not be found. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the lessor. In some cases a specialist should be useful to try and locate and to produce a report which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the application to the County Court covering Waltham Forest.
I am the registered owner of a basement flat in Waltham Forest. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for a lease extension?
Most certainly. We can put you in touch with a Waltham Forest conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Waltham Forest premises is 32 Howard Road in June 2012. the Tribunal held that premium payable for the freehold reversion should be £35,825 This case related to 2 flats. The remaining number of years on the lease was 64 years.
Please can you explain what options are open to me if my Waltham Forest conveyancing searches reveals detrimental results?
Normally, almost all concerns exposed in Waltham Forest conveyancing search results can be dealt with before completion or title insurance may be obtained. It is crucial to remember that although you are acquiring the property and might be willing to accept the search results, your lender may not, and ultimately they have the word say.