I require conveyancing for an apartment in a relatively new development (6 years old) in Botany Bay. 95% of the flats have already been sold. Is it really necessary to order conveyancing searches as part of conveyancing in Botany Bay?
You are putting yourself at risk in refusing to carrying out Botany Bay 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 mortgage free there is no legal requirement to have them, but we would seriously advise in the strongest possible terms that you have them. If speed and expenses are top of your concerns you should consider with your solicitor about the viability of search insurance
Do I need to be concerned that estate agents that I am dealing with are recommending a nationwide conveyancing firm rather than a local Botany Bay conveyancing company?
As with lots of professional services, often input from family and friends can be extremely useful or valuable. But there are lots of players in a conveyancing transaction; estate agents, mortgage brokers and mortgage companies might all recommend solicitors to instruct. Sometimes the conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there might be a commercial relationship behind the endorsement. You are free to select your own lawyer. You need to be aware that some lenders have an approved list of law firms you must use for the lender related work in your home move.
I am using a search engine for the words on line conveyancing in Botany Bay it brings up many property lawyerslocally. With so much choice what is the best way to find the right property lawyer for me?
The ideal way of finding the right conveyancer is through a trusted recommendation, so ask friends and those you trust who have purchased a property in Botany Bay or the local estate agent or mortgage broker. Fees for conveyancing in Botany Bay differ, so it's a good idea to request at least three costs illustrations from different property lawyers. Make sure that you clarify that the fees are fixed.
Jane (my partner) and I may need to rent out our Botany Bay garden flat temporarily due to taking a sabbatical. We instructed a Botany Bay conveyancing practice in 2001 but they have closed and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
A lease dictates relations between the landlord and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Botany Bay do not contain subletting altogether – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Botany Bay. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to decide the amount due.
An example of a Freehold Enfranchisement decision for a Botany Bay property is 23 Beaconsfield Road in July 2013. The Tribunals decided that the amount payable was £31,203 for the freehold. This case related to 2 flats. The remaining number of years on the lease was 70.31 years.
New build sellers have recommended to me a solicitor and I've received an estimate from them. They are nearly £250 less expensive than my preferred Botany Bay conveyancer. Should I use them?
Housebuilders normally have panels of conveyancing practitioners who are quick and who know the builder's contract and property lawyer. As many developers offer an incentive to choose a preferred lawyer for this reason, any increased fees can be avoided and a builder won't put forward a conveyancing warehouse and run the risk of having the conveyancing delayed when they want exchange inside a month. The argument for not opting for the suggested property lawyer is that they may be hesitant to fight for your interests at the risk of upsetting the housebuilder. If you worry that this may be the case you should keep with your local Botany Bay solicitor.