I am getting a mortgage with Lloyds. I hope to employ the services of a Licensed Conveyancer in Spitalfields. Does the Lloyds Conveyancing panel exclude Licensed Conveyancers?

The Lloyds conveyancing panel is, like many other lenders, represented by the Council or Mortgage Lenders or Building Society Association, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.

I sincerely hope you can assist me. My Spitalfields lawyer is advising me that she is duty bound toconduct Spitalfields conveyancing searches asthe firm are on the Santanderconveyancing panel. Do I not have any say here?

You have limited options available to you. Given that you are taking out a loan with a bank your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Spitalfields conveyancing searches.

I appreciate that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a house in Spitalfields? or Apparently there is an ancient law that means some house owners residing in a parish church boundary will be compelled to contribute towards repairs to the chancel in proximity to the church. Is this appropriate for conveyancing in Spitalfields?

Unless a prior purchase of the property took place post 12 October 2013 you can expect lawyers conducting conveyancing in Spitalfields to remain encouraging a chancel search and or chancel repair liability policy.

Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what should have been a quick, no chain conveyancing. Spitalfields is where the house is located. Can you offer any advice?

Flying freeholds in Spitalfields are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Spitalfields you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Spitalfields may determine 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.

I only have Sixty One years left on my lease in Spitalfields. I now want to extend my lease but my landlord is absent. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. For most situations a specialist would be useful to carry out a search and prepare a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Spitalfields.

I have had difficulty in negotiating a lease extension in Spitalfields. Can this matter be resolved via the Leasehold Valuation Tribunal?

Most certainly. We can put you in touch with a Spitalfields conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Spitalfields premises is 1-41 Royal Tower Lodge 40 Cartwright Street in April 2013. the tribunal adding the agreed value of capitalised ground rents and the reversion the price to be paid for the freehold was £1,187,000 This case was in relation to 41 flats. The remaining number of years on the lease was 107 years.