Our nephew is buying a new build apartment in Carlton with a mortgage from TSB. His conveyancer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the TSB conveyancing panel as a standard part of the process, and to the surveyor when asked. 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 TSB conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
Completed the sale of my flat in Carlton last January yet the purchaser is texting every few hours complaining that his solicitor needs to hear from mylawyer. What are the post completion sale formalities following completion?
Following your disposal your solicitor is duty bound to deliver the transfer documentation and all supplemental paperwork to the buyer’s conveyancer. If applicable, your lawyer must also confirm that the home loan has been paid off to the buyers conveyancers. There are no post completion tasks unique to conveyancing in Carlton.
In what way does the Landlord & Tenant Act 1954 affect my business premises in Carlton and how can you help?
The 1954 Act affords security of tenure to business leaseholders, giving them the legal entitlement to make a request to court for a new lease and continue in occupation at the end of the lease term. There are limited grounds that a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing firms who use the act for protection and help with commercial conveyancing in Carlton
Can you provide any top tips for leasehold conveyancing in Carlton from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Carlton can be avoided if you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information which will be required by the buyers’ lawyers. If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as over rather than unresolved. If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Carlton leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord approving such changes. Should you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer first. You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is under 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
I bought a studio flat in Carlton, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable flats in Carlton with an extended lease are worth £222,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease runs out on 21st October 2095
With only 70 years unexpired we estimate the premium for your lease extension to range between £9,500 and £11,000 plus legals.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.
I have instructed a Carlton conveyancing solicitor for our house purchase (novice purchasers) and have spotted in the Ts and Cs that they are not covered by the Financial Conduct Authority. Need I be worried or is that standard with conveyancer?
We can't see why they should be. Most lawyer don't lend money. They will be regulated by the SRA, who set specific obligations in relation to funds held in their bank.