I am getting closer to an exchange on a house in Plumstead and my parents have sent the 10% deposit to my solicitor. I am now informed that as the deposit has been received from someone other than me my lawyer needs to disclose this to my bank. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I advised the mortgage company regarding my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
Your conveyancing practitioner is duty bound to check with lender to make sure that they know that the balance of the purchase price is not from your own funds. Your solicitor can only notify this to your bank if you agree, failing which, your lawyer must cease to continue acting.
I own a freehold residence in Plumstead yet charged rent, why is this and what is this?
It is rare for properties in Plumstead and has limited impact for conveyancing in Plumstead but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
My uncle passed away six months ago and as sole heir and executor I was left the property in Plumstead. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this possible?
Given you plan to refinance then RBS will insist on your using a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.
I have given up seeking a lease extension in Plumstead. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We are happy to put you in touch with a Plumstead conveyancing firm who can help.
An example of a Lease Extension decision for a Plumstead residence is 103a Footscray Road in January 2014. The tribunal determines that the premium payable for the extended lease should be £34,500 according to the expert witness valuation calculation This case affected 1 flat.
In relation to leasehold conveyancing in Plumstead what are the most frequent lease defects?
Leasehold conveyancing in Plumstead is not unique. All leases are unique and legal mistakes in the legal wording can result in certain sections are wrong. The following missing provisions could result in a defective lease:
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Service charge per centages that don't add up correctly leaving a shortfall Repairing obligations to or maintain elements of the building
You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Skipton Building Society, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.
We have instructed a Plumstead conveyancing solicitor for our home move (first time buyers) and have noticed in the engagement letter that they are not covered by the Financial Conduct Authority. Need I be worried or is that the norm with solicitor?
We can't see why they should be. Most property lawyer don't lend money. They will be governed by the SRA, who set stringent rules in relation to monies deposited by them.