My nephew is buying a house that has just been built in Malden Rushett with a home loan from Clydesdale. His conveyancer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Clydesdale conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Clydesdale conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Can I use your services to recommend a Conveyancing solicitor in Malden Rushett even where I’m not purchasing or disposing of a house, for example if I wish to acquire a shop in Malden Rushett with a loan from Santander?

The service is mainly there to select domestic conveyancing solicitors in Malden Rushett but we have listed at the bottom of this page a few Malden Rushett commercial conveyancing firms. You will need to speak with the firm directly to establish if they can also act for Santander

Will my solicitor be raising questions about flooding as part of the conveyancing in Malden Rushett.

Flooding is a growing risk for lawyers specialising in conveyancing in Malden Rushett. Some people will purchase a house in Malden Rushett, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Lawyers are not best placed to offer advice on flood risk, but there are a various searches that may be carried out by the purchaser or by their lawyers which will give them a better understanding of the risks in Malden Rushett. The conventional set of property information forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the vendor to discover whether the premises has ever been flooded. If the property has been flooded in past and is not disclosed by the vendor, then a purchaser could commence a claim for damages as a result of such an misleading response. A buyer’s lawyers should also conduct an environmental report. This should indicate if there is a recorded flood risk. If so, further investigations should be carried out.

I've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. Malden Rushett is where the house is located. What do you suggest?

Flying freeholds in Malden Rushett are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Malden Rushett you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Malden Rushett 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.

My wife and I have hit a brick wall in trying to purchase the freehold in Malden Rushett. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Absolutely. We can put you in touch with a Malden Rushett conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Malden Rushett premises 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 was in relation to 1 flat.

What are the common problems that you see in leases for Malden Rushett properties?

Leasehold conveyancing in Malden Rushett is not unique. All leases are drafted differently and legal mistakes in the legal wording can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

Maintenance charge proportions which don’t add up to the correct percentage A provision for the recovery of money spent for the benefit of another party.

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, The Royal Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.