I am helping my niece sell her flat in Earls Court. Does the conveyancing solicitor order the energy performance certificate or it is for the owner to coordinate?

Following the abolition of HIPs, energy performance certificates remained a mandatory component of selling a house. An energy performance certificate should be commissioned in advance of the property being put on the market. It is not something that conveyancers normally organise. Where you are using a Earls Court conveyancing solicitor they may help arrange energy assessments due to their relationships with reputable Earls Court assessors

We previously selected conveyancing lawyers with offices in Earls Court on the Santander solicitor panel. They have just invoiced me a separate amount for handling the Santander mortgage. Is this a supplemental conveyancing fee set by Santander?

Unfortunately, so long as it is in their Terms and Conditions or estimate then yes your property lawyer is entitled to levy a fee for this. This charge is not dictated by Santander but by your Earls Court conveyancer. Numerous firms on the Santander panel will quote ’dealing with mortgage’ fee but some firms incorporate it on their overall fee.

It is not clear whether my mortgage offer requires a lease extension. I have telephoned my Earls Court building society branch on various occasions and was advised it wasn't a problem and they will lend. My Earls Court conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?

The solicitor must follow the CML Handbook section two requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

I know that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a residence in Earls Court? or I am told that there is historic law that could mean that owners of property living in a parish church boundary may be liable to pay for maintenance to the chancel within the church. Is this a legitimate concern for conveyancing in Earls Court?

Unless a prior acquisition of the house took place after 12 October 2013 you could assume that conveyancing practitioners carrying out conveyancing in Earls Court to remain encouraging a chancel search and or chancel repair liability policy.

I'm purchasing a new build house in Earls Court with the aid of help to buy. The sellers refused to move on the amount so I negotiated 6k of fixtures and fittings instead. The property agent suggested that I not disclose to my conveyancer about this deal as it would jeopardize my loan with the lender. Is this normal?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I own a leasehold house in Earls Court. Conveyancing and Platform Home Loans Ltd mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Earls Court who acted for me is not around. What should I do?

First contact HMLR to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Earls Court conveyancing practitioner to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I inherited a ground floor flat in Earls Court. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount due for a lease extension?

Where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to make a decision on the premium.

An example of a Freehold Enfranchisement decision for a Earls Court flat is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case was in relation to 5 flats. The unexpired term as at the valuation date was 38.98 years.

A couple of months ago I was told by my bank that their approved conveyancers work on no sale no fee basis for conveyancing in Earls Court. I had a purchase fall through nevertheless the conveyancers want search fees! They are stating that the fees are seperate!

Earls Court conveyancing search fees are separate expenses not legal fees as these are payable to a third party.