What will a local search tell me about the property my wife and I purchasing in Shortlands?
Shortlands conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search company for instance PSG The local search plays a central role in many a Shortlands conveyancing purchase; as long as you don’t want any nasty once you have moved into your property. The search should reveal information on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject areas.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Shortlands. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Shortlands
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a simple, no chain conveyancing. Shortlands is where the house is located. Can you shed any light on this issue?
Flying freeholds in Shortlands are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Shortlands you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shortlands may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
How do I use the search facility to select a conveyancing solicitor in Shortlands on the approved list for my bank?
Step one is to choose a bank such as HSBC Bank, Chelsea Building Society or Platform Home Loans Ltd then type in your location such as Shortlands. Conveyancing firms in Shortlands and nationally should be listed.
Do you have any top tips for leasehold conveyancing in Shortlands with the aim of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Shortlands can be avoided if you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors. Many landlords or Management Companies in Shortlands charge for supplying management packs for a leasehold home. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Shortlands. In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Shortlands state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Should you dont have the consents in place you should not communicate with the landlord without contacting your solicitor first. Some Shortlands leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers. You believe that you know the number of years remaining on your lease but you should verify this by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.
After years of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Shortlands. Can we issue an application to the Residential Property Tribunal Service?
You certainly can. We are happy to put you in touch with a Shortlands conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Shortlands flat is Ravensbourne Lodge 4 Highland Road in February 2013. the Tribunal held that the amount payable for the freehold was £22,268