My son-in-law is about to exchange on a new build apartment in White City with a mortgage from Virgin Money. His conveyancer has said that there is a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Virgin Money conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Virgin Money conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Have purchased a a detached house in White City , What is the estimated time for the Land Registry to register the transfer to my name? My White City conveyancing solicitor works at snail pace, so I want to be sure the land registry aspects are addressed.

There is nothing unique when it comes to conveyancing in White City registration formalities. Rather than based on location, timeframes can vary subject to who lodges the application, whether it is in order and whether the Land registry communicate with any interested persons or bodies. At present in the region of three quarters of submission are completed within two weeks but some can be subject to longer hold-ups. Registration occurs after the new owner is living at the property therefore 'speed' is not usually an essential issue but if there is a degree of urgency associated with the registration then you or your conveyancer could communicate with the Registry to express the reasoning for the application to be prioritised.

I decided to have a survey completed on a property in White City prior to instructing solicitors. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some banks may refuse to give a loan on this type of house.

It varies from the lender to lender. Santander has different instructions from Birmingham Midshires. If you contact us we can investigate further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in White City. Conveyancing will be smoother if you use a solicitor in White City especially if they are accustomed to such properties in White City.

I am the leaseholder of a a ground floor purpose built flat in White City. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the sum payable for the purchase of the freehold?

You certainly can. We are happy to put you in touch with a White City conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a White City premises is 23 & 23A Collingbourne Road in June 2013. Tribunal was dealing with the assessment of the value of the freehold reversion and determination of the terms of the acquisition pursuant to an Order of District Judge Lightman dated 25 February 2013 vesting the freehold interest in the property in the applicant. The tribunal assessed the price of the freehold (to which any arrears or other sums due to the missing landlord under the leases should be added) at £81,638. This case related to 2 flats. The number of years remaining on the existing lease(s) was 64.5 years.

In relation to leasehold conveyancing in White City what are the most common lease problems?

Leasehold conveyancing in White City is not unique. Most 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:

Insurance obligations Maintenance charge proportions which don’t add up to the correct percentage

You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Leeds Building Society, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.

I happen to be an executor of my recently deceased mum’s Will, with a house in White City which will be sold. The bungalow has never been registered at HMLR and I'm told that some buyers solicitors will insist that it is completed before they will move forward. What's the mechanism for this?

In the circumstances you refer to it seems sensible to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.