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Recently asked questions about conveyancing in West Thurrock

We are about to exchange contracts for a semi detached house in West Thurrock. We encountered a problem. The loan offer with Nationwide Building Society expires on 17/6/2019 but the vendors are putting forward a completion date of 19/6/2019. Can one prolong the mortgage offer?

The best person to deal with your issue is your lawyer who will assess whether he or she is should be discussing with the mortgage broker, seller’s lawyers, property agents or possibly all three taking into account what has gone on in your conveyancing to date.

I purchased a freehold premises in West Thurrock but still invoiced for rent, why is this and what is this?

It’s unusual for properties in West Thurrock and has limited impact for conveyancing in West Thurrock but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.

Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.

Will my solicitor be raising questions concerning flooding during the conveyancing in West Thurrock.

Flooding is a growing risk for conveyancers conducting conveyancing in West Thurrock. There are those who acquire a house in West Thurrock, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not best placed to give advice on flood risk, however there are a number of searches that can be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in West Thurrock. The standard property information forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the vendor to determine whether the property has ever been flooded. In the event that the premises has been flooded in past and is not disclosed by the owner, then a buyer could commence a claim for damages as a result of such an incorrect response. A buyer’s solicitors will also conduct an enviro search. This should indicate if there is any known flood risk. If so, more detailed inquiries should be made.

I have recently realised that I have 62 years left on my lease in West Thurrock. I now wish to get lease extension but my landlord is absent. What are my options?

On the basis that 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 granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. On the whole a specialist would be useful to conduct investigations and prepare an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering West Thurrock.

I inherited a two-bedroom flat in West Thurrock. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?

You certainly can. We are happy to put you in touch with a West Thurrock conveyancing firm who can help.

An example of a Lease Extension decision for a West Thurrock residence is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case related to 13 flats. The unexpired term as at the valuation date was 76 years.

New build sellers have recommended to me a conveyancer and I've obtained an estimate from them. It's almost two hundred pounds less expensive than my family West Thurrock solicitor. Should I use them?

Developers frequently have lists of conveyancers who are quick and who know the developer’s contract and conveyancer. As many developers offer an inducement to choose a preferred conveyancing practitioner for this reason, any increased cost can be avoided and a developer won't suggest a conveyancing factory and run the risk of having the conveyancing delayed when they want exchange within a tight time frame. The argument for not agreeing to use the recommended lawyer is that they may prove unwilling to 'push' your interests for fear of upsetting the housebuilder. If you worry that this may be the situation you should keep with your local West Thurrock conveyancer.

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