A relative pointed out to me me that in buying a property in New Cross there could be a number of restrictions preventing external alterations to the property. Is this right?
There are a number of properties in New Cross which have some sort of restriction or requirement of consent to external variations. Part of the conveyancing in New Cross should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
is it true that all New Cross conveyancing solicitors on the TSB conveyancing panel are overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the TSB approved list of solicitors they would need to be overseen by the Solicitors Regulatory Authority. Many mortgage companies do permit licenced conveyancers on their panel in which case such firms would be governed by the Council of Licensed Conveyancers.
I am buying a property in New Cross. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Coventry BS be concerned?
As your lender is Coventry BS your lawyer must follow the formal requirements set out in Section 2 of UK Finance Lenders’ Handbook for Coventry BS. The CML Handbook contains minimum specifications for solar panel roof-space leases, and property lawyers are required to report to Coventry BS where a lease fails to meet these specifications. The conditions relate to the installation of panels on properties nationwide and is not isolated to New Cross.
Due to the encouragement of my in-laws I had a survey completed on a property in New Cross prior to appointing conveyancers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some mortgage companies may refuse to grant a loan on this type of premises.
It varies from the lender to lender. Bank of Scotland has different requirements from Halifax. If you contact us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in New Cross. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in New Cross to see if the conveyancing will be more expensive.
What does commercial conveyancing in New Cross cover?
Commercial conveyancing in New Cross covers a broad array of guidance, given by regulated solicitors, relating to business property. By way of example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of tenancies.
I am tempted by the attractive purchase price for a couple of maisonettes in New Cross both have approximately fifty years remaining on the leases. Should I regard a short lease as a deal breaker?
There is no doubt about it. A leasehold apartment in New Cross is a wasting asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it reduces the value of the premises. The majority of purchasers and lenders, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with New Cross conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
We have reached the end of our tether in trying to purchase the freehold in New Cross. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a absentee freeholder or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to calculate the price payable.
An example of a Freehold Enfranchisement decision for a New Cross premises is 41 Endwell Road in March 2013. this matter relateed to the acquisition of the freehold of a mid- terraced Victorian house converted into three separate self-contained dwellings. By an order dated 28/11/2012, Deputy District Judge Cole in the Bromley County Court held that the leaseholders were entitled to acquire the freehold and directed that the premium payable be determined by this Tribunal. The Tribunal assessed the premium to be £14,753 This case affected 3 flats. The unexpired lease term was 80.01 years.
A conveyancing company dealt with my conveyancing in New Cross half a dozen years past and was holding my deeds but has now closed – What can I do to retreive these?
Title deeds, as such, are no longer appropriate for most properties in New Cross are archived electronically at Land Registry. If you need to prove ownership or are disposing of or refinancing your lawyer can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.