My fiance and I are hoping to purchase a flat in Notting Hill and are in fact using a Notting Hill conveyancing firm. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Halifax have this afternoon contacted us to advise us that there is now an issue as our Notting Hill solicitor is not on their approved list of lawyers. What do we do from here?
If you are buying a property with the assistance of a mortgage it is usual for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Notting Hill lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
I am downsizing from our property in Notting Hill and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A high street Notting Hill conveyancer would know this is not the case. It does beg the question why the purchasers instructed a nationwide conveyancing outfit rather than a conveyancing solicitor in Notting Hill. Having lived in Notting Hill for 4 years we know of no issue. Should we contact our local Authority to get confirmation need.
It sounds as though you may have a conveyancing lawyer currently acting for you. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Me and my brother purchased a renovated Georgian property in Notting Hill. Conveyancing solicitor represented me and Platform Home Loans Ltd. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the exact same property. Is it worth asking Platform Home Loans Ltd to clarify?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Notting Hill and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with the conveyancing practitioner who carried out the work.
I am using a search engine for the term conveyancing in Notting Hill it shows results of numerous conveyancersin the area. How do I determine which is the right solicitor for the sale of my house?
The best method of finding a suitable conveyancer is via trusted referral, so seek the counsel of colleagues and those you trust who have purchased a property in Notting Hill or a respected estate agent or mortgage broker. Charges for conveyancing in Notting Hill differ, so it's advisable to obtain at least four estimates from varying types of solicitors. Be sure to obtain confirmation that the charges are guaranteed not to rise.
What are your top tips when it comes to choosing a Notting Hill conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Notting Hill conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Notting Hill conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be of use:
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What volume of lease extensions have they completed in Notting Hill in the last twenty four months? What are the legal fees for lease extension work?
After years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Notting Hill. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to assess the amount due.
An example of a Lease Extension matter before the tribunal for a Notting Hill flat is 2 Grove House 95 Addison Road in October 2013. the Tribunal decided that the premium to bepaid for a new lease is £50,050. This case was in relation to 1 flat. The unexpired residue of the current lease was 68.4 years.