My conveyancer has uncovered a defect with the lease for the property we are purchasing in Greenhithe. The other side have offered title insurance as a solution. We are content with insurance and will pay for it. Our property lawyer says that he must be satisfied that the bank is happy with this solution. Who is the client here, us or the lender?

Regardless of the fact that you have a mortgage offer from the bank 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 mortgage company are the client. The appropriate lender specifications have to be complied with.

Me and my brother own a semi-detached Georgian house in Greenhithe. Conveyancing solicitor acted for me and Barnsley Building Society. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold under the matching address. I'd like to know for sure, how can I find out??

You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Greenhithe and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with the conveyancing practitioner who carried out the work.

My step-father has encouraged me to appoint his lawyers for conveyancing in Greenhithe. Do I take his advice?

There are no two ways about it it’s preferable to find a conveyancing solicitor is to seek referrals from friends or family who have actually previously instructed the firm you're are thinking of instructing.

I am tempted by the attractive purchase price for a couple of flats in Greenhithe which have about 50 years remaining on the lease term. Do I need to be concerned?

There is no doubt about it. A leasehold flat in Greenhithe is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. For most purchasers and lenders, leases with less than eighty 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 premises 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 premises 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 Greenhithe 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 any new 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 have attempted and failed to negotiate with my landlord for a lease extension without success. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a Greenhithe conveyancing firm to help?

in cases where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to decide the price payable.

An example of a Lease Extension decision for a Greenhithe property 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 lease term was 76 years.

My mum and dad are unable to locate their Greenhithe property on the HM Land Registry site. They have a vague recollection back in the 70’s when they bought the bungalow there were complications concerning the address not being recognised in some systems.

Nearly all premises in Greenhithe should be revealed. Have you endevoured to search to simply the postcode. Normally it should disclose all the premises inside that postcode. Where registered it will be there with a title number. Where they bought sixty years ago it's conceivable it may be unregistered. The property might still be revealed but with the title number shown 'na'. In this scenario you will need to track down the original title deeds which might be with your parent’s lender.