I am helping my mother sell her property in Otford. Does the conveyancer order the energy assessment or do I organise this?

Following the abolition of Home Packs, EPC’s remained a required part of moving house. An energy performance certificate needs to be to hand in advance of the property being put on the market. This is not a task that lawyers ordinarily arrange. Where you are using a Otford conveyancing lawyer they may be willing to arrange energy performance certificates given their contacts with long established local assessors

I'm the sole beneficiary of my late grandmother’s will with all property in now in my sole name, including the house in Otford. Conveyancing formalities meant that the Land Registry date was in October. I want to move. I do know about the CML 6 month 'rule', which means that my proprietorship will be treated the same way as though I had purchased the house in October. Is the property unsalable for six months?

The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. How practical a view banks take of it, depend on the mortgage company as this clause primarily exists to capture the purchase and immediately sell or the quick reselling of properties.

I am due to exchange contracts on my flat. I had a double glazing fitted in November 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, UBS are being a right pain. The Otford solicitor who is on the UBS conveyancing panel is saying indemnity insurance will be fine but UBS are requiring a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?

It is probably the case that UBS have referred the matter to their valuer. The reason why UBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

The deeds to our home can not be found. The conveyancers who did the conveyancing in Otford 4 years ago are no longer around. Will I be able to sell the house?

As long as you have a registered title the information relating to your ownership will be held by the Land Registry under a Title Number. It is easy to conduct a search at the Land Registry, find your property and obtain up to date copies of the Registered Entries for less than a fiver. If the title is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be obtained for twenty pounds.

I am looking for a leasehold apartment up to £235,500 and found one close by in Otford I like with open areas and station nearby, the downside is that it's only got 49 years unexpired on the lease. I can't really find anything else in Otford suitable, so just wondered if I would be making a grave error buying a lease with such few years left?

If you need a home loan the shortness of the lease may be a potential deal breaker. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for a minimum of twenty four months you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer regarding this matter.

In what way does the Landlord & Tenant Act 1954 impact my business premises in Otford and how can you help?

The 1954 Act affords a safeguard to commercial tenants, granting the a statutory right to make a request to court for a new lease and remain in occupation when the lease reaches an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing practices who use the act for protection and assist with commercial conveyancing in Otford

The solicitors undertaking our conveyancing in Otford has forwarded documents to review that reveal that the property is unregistered with epitome documents. Is it not the case that all properties in Otford are registered?

Although most properties in Otford are now registered with HMLR there are still some that are unregistered. Any property in Otford that has been transferred since the late 1980’s will have been registered at the HM Land Registry under the compulsory ‘first registration’ scheme. However, if a Otford property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Plenty of Otford conveyancing solicitors should be able to handle this type of conveyancing but in the event that uncertainty exists the prevailing guidance nowadays appears to be for the seller’s conveyancer to deal with the registration formalities first and subsequently sell - this will have a domino effect to result in a significant delay.