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Recently asked questions about conveyancing in Holborn

The vendors of the house we are purchasing have instructed a conveyancing solicitor in Holborn who has insisted on a lock out contract with a payment two thousand pounds. Are such agreements sensible?

There are two primary concerns with executing a lock out agreement (also termed a shut-out contract) is that it can distract from progressing with the conveyancing transaction itself, so unless it requires limited or no negotiation then it may turn out to be a hindrance. It is not promoted by Holborn conveyancing practitioners as a result. A supplemental issue is the extent of the remedies available - an aggrieved buyer is not likely to be issued with an injunction to bar the seller completing the sale to a third party, so the only remedy available under the contract will be the recovery of wasted costs and, in rare scenarios, the additional payment of penalties.

Do commercial conveyancing searches disclose planned roadworks that may impact a commercial site in Holborn?

Its becoming the norm that commercial conveyancing solicitors in Holborn will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Holborn. The search result sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Holborn.

For each commercial conveyancing transaction in Holborn it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Holborn commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not ordered for residential conveyancing in Holborn.

What does commercial conveyancing in Holborn cover?

Commercial conveyancing in Holborn covers a broad array of guidance, offered by regulated solicitors, relating to business premises. For instance, this type of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.

I need to instruct a conveyancing practitioner in Holborn for my home move. Can I check a solicitor's record with the profession’s regulator?

You can review documented Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Go to Check a solicitor's record. To find records about the period before 1 January 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The SRA may monitor call for training requirements.

I've recently bought a leasehold flat in Holborn. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

After months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Holborn. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to decide the sum to be paid.

An example of a Lease Extension decision for a Holborn residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case affected 1 flat. The number of years remaining on the existing lease(s) was 66.8 years.

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St Giles
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Covent Garden
Aldwych

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