I require conveyancing for an apartment in a fairly new development (6 years built) in Ham. 95% of the appartments are already sold. Do I need carry out the local searches for my conveyancing in Ham?
You are opening yourself up to an unnecessary risk in failing carrying out Ham 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 necessity to have them, but we would seriously advise in the strongest possible terms that you have them. If time pressures and cost are primary concerns you should consider with your conveyancer about the options such as contingency insurance available to you
I have an AIP. The bank mentioned the loan came with free conveyancing. Is the implication that I have to appoint their panel solicitor as I would prefer to use a local conveyancing solicitor in Ham?
Do check but the the likelihood is that give you one of their panel lawyers where you accept the "fee-free" offer. Call the mortgage company to check if they make available a cash alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor near Ham.
I happen to be the single beneficiary of my late father’s estate with all property in now in my sole name, including the house in Ham. The Ham property was put into my name in December. I want to move. I do know about the Mortgage Lenders six month 'rule', meaning my proprietorship may be treated the same way as if I'd bought the house in December. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. Most banks would take a practical view as this requirement chiefly exists to identify the purchase and immediately sell or the wholesaling and assigning of properties.
My partner and I have organised the release of further funds on our mortgage from RBS as we wish to conduct improvements to our home in Ham. Are we obliged to select a nearby Ham solicitor on the RBS conveyancing panel to handle the legals?
RBS would not normally require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS panel.
I have instructed a Ham conveyancing practitioner having checked that they are on the Virgin Money conveyancing panel. Does my lawyer arrange the survey of the property?
Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Ham postcode. As you are getting a mortgage with Virgin Money, you could contact them to see if they have a list of approved surveyors in Ham.
About to purchase a new build flat in Ham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Ham
-
Forfeiture - bankruptcy or liquidation must not apply under this provision. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Can you provide any top tips for leasehold conveyancing in Ham with the purpose of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Ham can be bypassed if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors. If you have had any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as over rather than unresolved. The majority of landlords or managing agents in Ham levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Ham. If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Arranging a re-issued share certificate is often a time consuming formality and slows down many a Ham home move. Where a reissued share is necessary, do contact the company officers or managing agents (where applicable) for this as soon as possible. You believe that you know the number of years remaining on your lease but it would be wise to double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Ham conveyancing firm to act on my behalf?
You certainly can. We can put you in touch with a Ham conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Ham property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.