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Recently asked questions about conveyancing in Upton

It is a dozen years since I purchased my house in Upton. Conveyancing solicitors have now been appointed on the sale but I can't track down my title deeds. Will this cause complications?

You need not be too concerned. First the deeds may be retained by the lender or they could be in the possession of the conveyancers who acted in the purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining up to date copy of the land registers. Almost all conveyancing in Upton involves registered property but in the unlikely event that your property is not registered it is more of a problem but is not insurmountable.

I am assisting my niece sell her property in Upton. Does the conveyancer commission an EPC or it is for the seller to coordinate?

Following the abolition of Home Information Packs, EPC’s remained a compulsory part of moving property. An energy assessment should be commissioned before the property is advertised. It is not something that solicitors ordinarily arrange. If you are using a Upton conveyancing lawyer they might help arrange EPC’s due to their contacts with reputable Upton assessors

A relative pointed out to me me that in purchasing a property in Upton there could be various restrictions prohibiting external changes to the property. Is this right?

We are aware of anumerous of properties in Upton which have some sort of restriction or requirement of consent to perform external changes. Part of the conveyancing in Upton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I am the sole recipient of my late mum's will and I have everything in my name alone, including the house in Upton. The Upton property was put into my name in August. I want to move. I understand that there is a Mortgage Lenders six month 'rule', which means that my property ownership will be treated the same way as though I had purchased the house in August. Is the property unsalable for six months?

The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How practical a view lenders take of it, depend on the bank as this requirement is principally there to identify the purchase and immediately sell or the flipping of property.

How can the Landlord & Tenant Act 1954 affect my business offices in Upton and how can you help?

The 1954 Act affords a safeguard to business tenants, granting the right to apply to court for a renewal lease and continue in occupation when the lease comes to an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Upton is one of our numerous locations in which our lawyers have offices

I only have Seventy years remaining on my flat in Upton. I am keen to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. For most situations a specialist should be helpful to carry out a search and prepare a report to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Upton.

Following months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Upton. Can we issue an application to the Residential Property Tribunal Service?

in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to arrive at the price.

An example of a Lease Extension matter before the tribunal for a Upton residence is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case affected 13 flats. The unexpired residue of the current lease was 76 years.

I'm remortgaging a apartment in Upton. I have found my conveyancer's company on the CLC list, but I can't locate my lawyer's name on the list. Is this a big problem?

Not all staff in the practice must be listed by the regulator. As long there is a manager qualified to 'oversee' the conveyancing, the actual day-to-day activity can be conducted by unlicensed staff.

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