Last March we completed a house move in Kilburn Park. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that needed to have been carried out as part of conveyancing in Kilburn Park?

The query is not clear as to the nature of the problems and if they are unique to conveyancing in Kilburn Park. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the process, a property owner completes a document known as a SPIF. If the information turns out to be misleading, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Kilburn Park.

My lender has recommended solicitors on their panel based in Kilburn Park but I would rather choose a conveyancing lawyer in Kilburn Park local to me. Can you assist?

It is by no means the case that all Kilburn Park conveyancing firms are approved and listed on all lender’s conveyancing panel. Use our search tool to identify a Kilburn Park conveyancing solicitor on the on the mortgage company panel.

My bid for a property was accepted at auction in Kilburn Park. Conveyancing is required. What happens now?

Given that you have now exchanged you will need to appoint a conveyancing lawyer as a matter of priority as you are faced with a tight a drop dead date to complete the purchase. All auction property should have an associated auction pack. This should include the copy title deeds, local authority and drainage searches. If you have purchased leasehold property the auction papers may include a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to a leasehold property. You need to pass this on to your appointed conveyancing solicitor as soon as possible. You also need to ensure that that you have the requisite funding in place to complete the transaction on the set completion date.

It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Kilburn Park building society branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My Kilburn Park conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they will not lend in accordance with their published requirements. Who do I believe?

Your lawyer has to comply with the CML Handbook section two conditions 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 am due to exchange contracts on my flat. I had a double glazing fitted in July 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Bank of Ireland are being a right pain. The Kilburn Park solicitor who is on the Bank of Ireland conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Bank of Ireland are requiring a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?

It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland 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.

How does conveyancing in Kilburn Park differ for newly converted properties?

Most buyers of new build property in Kilburn Park approach us having been asked by the developer to exchange contracts and commit to the purchase even before the house is finished. This is because new home sellers in Kilburn Park typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Kilburn Park or who has acted in the same development.

Planning to sign contracts shortly on a garden flat in Kilburn Park. Conveyancing lawyers inform me that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Kilburn Park should include some of the following:

Rent payments - what is due and what the invoice dates are, and be on notice if this is subject to change Does the lease prevent you from subletting the flat, or having a home office for business Specifying your legal entitlements in relation to common areas in the block.By way of example, does the lease provide for a right of way over an accessway or staircase? The length of the lease term. You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years You must be advised what is to be regarded as a Nuisance in the lease

After years of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Kilburn Park. Can we issue an application to the Residential Property Tribunal Service?

if there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to assess the price.

An example of a Freehold Enfranchisement matter before the tribunal for a Kilburn Park flat is 4 & 4A Charteris Road in June 2009. the Tribunal held that the price to be paid for the enfranchisement of 4/4a Charteris Road to be £15,510 for at 4and £15,694 for at 4a This case was in relation to 2 flats. The unexpired term was 70.02 years.