I have given 8 weeks notice to my existing landlord and have to leave my rented apartment in Nag's Head by the end of next month. Conveyancing for my house purchase is progressing. How realistic is it to complete in 5 weeks as don't want to have to find temporary accommodation?
It is unwise to serve notice for your tenancy unless exchange of contracts has taken place. Assuming that you have not previously done so, update to your solicitor and request that they apply pressure on the owners side, try to get a realistic time scale from them that everyone will look to achieve
Will our solicitor be making enquiries concerning flooding as part of the conveyancing in Nag's Head.
Flooding is a growing risk for conveyancers carrying out conveyancing in Nag's Head. There are those who acquire a house in Nag's Head, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Nag's Head. The standard information given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the owner to determine whether the property has historically flooded. In the event that flooding has previously occurred and is not disclosed by the vendor, then a purchaser may issue a claim for damages as a result of such an inaccurate response. The purchaser’s solicitors will also order an enviro report. This will reveal if there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.
I purchased my flat on 8 April and the transaction details is not yet registered. Any reason for this? My conveyancing solicitor in Nag's Head advises it will be formalised in less than a month. Are transfers in Nag's Head uniquely lengthy to register?
As far as conveyancing in Nag's Head is concerned, registration is no faster or slower than the rest of the country. Rather than based on location, timeframes can vary subject to the party submitting the application, whether it is in order and whether the Land registry must send notices to any interested parties. As of today roughly 80% of such applications are completed in less than three weeks but some can be subject to longer delays. Historically registration is effected after the buyer has moved in to the premises thus post completion formalities is not typically top priority yet where there is a degree of urgency associated with the registration then you or your solicitor can speak with the land registry and explain the circumstances.
My husband and I may need to let out our Nag's Head basement flat for a while due to a career opportunity. We used a Nag's Head conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
The lease governs the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Nag's Head do not contain subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
We have reached the end of our tether in negotiating a lease extension in Nag's Head. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a absentee landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to arrive at the price.
An example of a Freehold Enfranchisement decision for a Nag's Head residence is 51 Lorne Road in November 2009. The price Payable as decided by the tribunal for the freehold reversion was £27,000. The valuation follows the order of the County Court made on 3 April 2008 granting a vesting order. This case affected 1 flat. The unexpired term as at the valuation date was 71 years.
Is it true that a Nag's Head conveyancing practice taken to court by clients for not carrying out the appropriate conveyancing investigations?
We are not aware of such a Nag's Head conveyancing matter but it has been reported that, a couple buying a house elsewhere in England successfully sued their conveyancing practitioner due to development plans to construct a wind farm not being identified in conveyancing searches.
Where you are purchasing in Nag's Head It is critical that your property lawyer conduct all Nag's Head conveyancing searches needed to ensure you have relevant and up to date information ahead of purchasing a home in Nag's Head.