The Highgate conveyancing lawyers that I appointed last week on my purchase in Highgate have without warning closed. I chose them because I needed a firm on the Yorkshire BS conveyancing panel and my previous Highgate lawyer was not. I issued them a cheque for £250 in advance. What are my options?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Yorkshire BS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
My stepmother advised me that in buying a property in Highgate there may be various restrictions preventing external changes to a property. Is this right?
There are anumerous of properties in Highgate which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Highgate should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We have a mortgage agreed in principle with Nationwide. Highgate conveyancing lawyers are appointed. What is the average time that one could expect to receive a mortgage offer from Nationwide?
There is no definitive answer here. Have Nationwide conducted the valuation? Have you advised Nationwide as to your lawyers' details and checked that your lawyers are on the Nationwide conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
After what seems like an age I have had an offer on a maisonette in Highgate agreed to, but there is a chain. The owners have placed an offer on a property, but it’s not yet tied up, and have viewings of other properties booked. I have instructed a local conveyancing solicitor in Highgate. What should be my next step? At what point should I apply for the mortgage with Nationwide?
It is normal to have concerns where there is a chain as you are unlikely to want to incur expenses too early (home loan application is approx £1k, then valuation, Highgate conveyancing search fees, etc). The first thing to do is check that your solicitor is on the Nationwide conveyancing panel. Concerning the next phase this very much dictated by the specifics of your case, desire for this property and on the state of the market. During a hot market some buyers would apply for the mortgage with Nationwide and arrange for the valuation and only if it was satisfactory would they pay their lawyer to move forward with the conveyancing in Highgate.
I decided to have a survey carried out on a property in Highgate prior to retaining lawyers. I have been informed that there is a flying freehold element to the house. Our surveyor has said that some mortgage companies may not give a mortgage on a flying freehold property.
It depends who your proposed lender is. Santander has different requirements from Halifax. Should you wish to telephone us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Highgate. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way does the Landlord & Tenant Act 1954 affect my commercial premises in Highgate and how can your lawyers assist?
The 1954 Act affords protection to commercial leaseholders, granting the a statutory right to make a request to court for a new lease and remain in occupation at the end of the lease term. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in Highgate
If all goes to plan we aim to complete the disposal of our £425,000 garden flat in Highgate next week. The landlords agents has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Highgate?
Highgate conveyancing on leasehold maisonettes more often than not involves the buyer’s conveyancer submitting questions for the landlord to address. Although the landlord is under no legal obligation to answer such questions the majority will be content to assist. They may invoice a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some cases it exceeds £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, without which the charge is not strictly payable. In reality you have little option but to pay whatever is demanded if you want to exchange contracts with the buyer.
Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Highgate. Can we issue an application to the Residential Property Tribunal Service?
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 it is possible to make an application to the Leasehold Valuation Tribunal to decide the premium.
An example of a Lease Extension case for a Highgate premises is Flat 2A 19 Shepherds Hill in June 2014. The tribunal concluded in accordance with section 48 and schedule 13 of the Leasehold Reform,Housing and Urban Development Act (the 1993 Act) that the premium payable in respect of the grant of a new lease for the Flat be £24,303 (twenty four thousand three hundred and three pounds) This case was in relation to 1 flat. The unexpired term was 67.85 years.