My wife and I have recently acquired a property in West Kensington. We have noticed several issues with the property which we believe were missed in the conveyancing searches. What action can we take? What searches should? have been ordered as part of conveyancing in West Kensington?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in West Kensington. Conveyancing searches and due diligence initiated as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner completes a questionnaire referred to as a SPIF. answers proves to be misleading, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in West Kensington.
is it true that all West Kensington solicitor practices on the Nationwide conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Nationwide conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. The majority of banks do permit licenced conveyancers on their panel in which case such practice would be governed by the CLC.
I can not fathom if my lender requires a lease extension. I have telephoned my West Kensington bank branch on various occasions and was told they are content with the situation and they will lend. My West Kensington conveyancing solicitor - who is on the lender conveyancing panel- called to say that they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your property lawyer must follow the Council of Mortgage Lenders’ Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I was told four weeks ago that my mortgage has been agreed to by Nationwide. Is it usual for Nationwide to only issue the offer once my solicitor in West Kensington is approved on their conveyancing panel? Nationwide have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Nationwide to deal with your lawyer's application to be on the Nationwide conveyancing panel. There's no guarantee that your solicitor will be accepted.
I require quick conveyancing in West Kensington as I have pressure to sign on the dotted line within 3 weeks. Luckily I do not require a mortgage. Is it possible to avoid the conveyancing searches to save fees and time?
If.Given you are are a mortgage free purchaser you have the choice not to do searches although no conveyancer would suggest that you don't. With plenty of history conveyancing in West Kensington the following are instances of what can arise and adversely affect future saleability: Refused Planning Applications, Overdue Fees, Overdue Grants, Road Schemes,...
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. West Kensington is the location of the property. Can you shed any light on this issue?
Flying freeholds in West Kensington are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Kensington you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in West Kensington may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
I have recently realised that I have 62 years remaining on my lease in West Kensington. I now want to get lease extension but my freeholder is can not be found. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent may be helpful to carry out a search and to produce a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering West Kensington.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a West Kensington conveyancing firm to represent me?
Most definitely. We are happy to put you in touch with a West Kensington conveyancing firm who can help.
An example of a Lease Extension decision for a West Kensington property is 93 Oakwood Court in June 2010. the LVT determined that the premium to be paid for the new lease was £492,083, This case related to 1 flat. The remaining number of years on the lease was 37.79 years.