I require conveyancing for an apartment in a relatively new development (seven years built) in West Hampstead. The vast majority the properties have already been disposed of. Do I need carry out the conveyancing searches as part of conveyancing in West Hampstead?
You are putting yourself at risk in refusing to carrying out West Hampstead conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal requirement to have them, but we would absolutely advise in the strongest possible terms that you have them. If time pressures and price are primary issues you should discuss with your conveyancer about the possibility of search insurance
My wife and I are purchasing a property in West Hampstead. I might seem paranoid but how we can trust a conveyancer? At some point we have to put funds into their account. What is the protection we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We previously instructed conveyancing lawyers based in West Hampstead on the TSB solicitor panel. They have just invoiced me a further amount for the legal aspects of the TSB mortgage. Is this a supplemental conveyancing fee specified by TSB?
Unfortunately, so long as it is in their Terms and Conditions or estimate then yes your solicitor is entitled to levy a fee for this. This charge is not set by TSB but by your West Hampstead solicitor. Some firms on the TSB panel will quote ’dealing with mortgage’ fee and others do not.
I am selling my apartment. I had a double glazing fitted in July 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Santander are being problematic. The West Hampstead solicitor who is on the Santander conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Santander are requiring a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?
It is probably the case that Santander have referred the matter to their valuer. The reason why Santander may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
What will a local search reveal about the house we're purchasing in West Hampstead?
West Hampstead conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search organisations for instance Searchflow The local search is essential in every West Hampstead conveyancing purchase; as long as you don’t want any unpleasant surprises after you move into your property. The search will provide data on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
I am buying a new build apartment in West Hampstead. Conveyancing is necessary evil 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 conveyancing.
Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in West Hampstead
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. Please confirm the Lease plans are architect prepared. Please supply a car parking plan. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
I work for a busy estate agency in West Hampstead where we have experienced a number of flat sales derailed as a result of leases having less than 80 years remaining. I have received contradictory information from local West Hampstead conveyancing solicitors. Can you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. 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.
An alternative approach is to extend the lease informally by agreement with the landlord 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.
My wife and I have hit a brick wall in seeking a lease extension in West Hampstead. Can the Leasehold Valuation Tribunal adjudicate on premiums?
in cases where there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to judgment on the sum to be paid.
An example of a Lease Extension matter before the tribunal for a West Hampstead flat is Flat A 372 Cricklewood Lane in January 2013. The Tribunal decided that the premium for the extended lease should be £5,750.00 and that the terms of the new lease should be those set out in annex to the decsion This case was in relation to 1 flat.