My fiance and I are looking to buy a flat in Norbiton and are in fact using a Norbiton conveyancing firm. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. National Westminster Bank have this afternoon contacted us to inform me that there is now an issue as our Norbiton conveyancer is not on their conveyancing panel. What do we do from here?
If you are buying a property with the assistance of a mortgage it is standard for the purchasers' lawyers to also act for the purchaser's lender. 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 Accreditation Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel as you are at liberty to use your preferred Norbiton lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
I own a freehold residence in Norbiton yet charged rent, why is this and what is this?
It is rare for properties in Norbiton and has limited impact for conveyancing in Norbiton 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 generation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
We are expecting a mortgage offer soon. The bank mentioned the home loan came with free conveyancing. Does this mean I have to use their panel solicitor as I would much rather instruct a Norbiton based conveyancing firm?
You should check but the the probability is that give you one of their panel lawyers should you want the "fee-free" incentive. Speak to the lender to ask if they make available a cash alternative. It is not unheard for a lender to give a £250 cashback as an alternative in which case you could put that amount towards your preferred conveyancing solicitor in Norbiton.
I purchased my house on 11 May and my personal details is not yet registered. Any reason for this? My conveyancing solicitor in Norbiton advises it should be registered inside ten days. Are titles in Norbiton particularly slow to register?
As far as conveyancing in Norbiton registration is no faster or slower than the rest of the country. Rather than based on location, timescales can adjust according to who lodges the application, whether there are errors and whether the Land registry must send notices to any interested persons or bodies. At present approximately 80% of such applications are completed within two weeks but occasionally there can be protracted hold-ups. Historically registration occurs once the purchaser has moved in to the property thus an expedited registration is not usually an essential issue but if there is a degree of urgency associated with the registration then you or your lawyers should speak with the land registry and explain the circumstances.
I am a negotiator for a reputable estate agency in Norbiton where we have witnessed a few leasehold sales put at risk due to short leases. I have been given inconsistent advice from local Norbiton conveyancing solicitors. Can you confirm whether the owner of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I am the proprietor of a basement flat in Norbiton. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?
if there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to judgment on the amount due.
An example of a Lease Extension decision for a Norbiton property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.