Our conveyancer has uncovered a a legal deficiency with the lease for the property we are buying in Ashford. The other side have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancer has advised that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the mortgage company ?

Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the lender are the client. The appropriate lender provisions must be adhered to.

What will a local search tell me about the house my wife and I purchasing in Ashford?

Ashford conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search organisations such as Searchflow The local search plays a central part in most Ashford conveyancing purchase; that is if you don’t want any unpleasant once you have moved into your new home. The search should provide 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 sections.

I got the keys to my home on 13 January and my personal details is yet to be registered. Any reason for this? My conveyancing solicitor in Ashford said it will be dealt with in a couple of weeks. Are properties in Ashford uniquely lengthy to register?

As far as conveyancing in Ashford registration is no quicker or slower than anywhere else in the country. Rather than based on location, timescales can vary subject to the party submitting the application, whether it is in order and if the Land registry need to notify any interested persons or bodies. Currently in the region of 80% of submission are completed in less than three weeks but occasionally there can be longer hold-ups. Registration is effected after the new owner is living at the premises so post completion formalities is not typically an essential issue yet if it is urgent that the the registration takes place urgently then you or your lawyers must contact the land registry and explain the circumstances.

My husband and I are first time buyers - had an offer accepted, yet the property agent informed us that the vendor will only issue a contract if we use the agent's preferred lawyers as they want a ‘quick sale’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Ashford

It is highly unlikely the vendors are behind this. If they require ‘a quick sale', taking such a hostile approach to a genuine buyer is is going to put the whole deal at risk. Bypass the agents and go straight to the sellers and explain that (a)you are motivated purchasers (b)you are ready to progress, with mortgage lined up © you have nothing to sell (d) you wish to move quickly (e)but you intend to appoint your preferred Ashford conveyancing lawyers - as opposed tothose that will provide their estate agent a commission or hit his conveyancing thresholds set by head office.

I am attracted to a two flats in Ashford which have in the region of forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?

There is no doubt about it. A leasehold flat in Ashford is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. The majority of buyers and banks, leases with under 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Ashford conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I am the proprietor of a ground-floor 1960’s flat in Ashford. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

if there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to arrive at the price.

An example of a Lease Extension decision for a Ashford residence is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case was in relation to 1 flat. The remaining number of years on the lease was 82.93 years.