My wife and I have recently bought a house in Soho. We have noticed several issues with the property which we believe were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been ordered for conveyancing in Soho?

It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Soho. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a seller fills in a questionnaire called a Seller’s Property Information Form. If the information proves to be misleading, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Soho.

Should my conveyancer be asking questions about flooding as part of the conveyancing in Soho.

Flooding is a growing risk for solicitors dealing with homes in Soho. Some people will acquire a house in Soho, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Solicitors are not qualified to offer advice on flood risk, but there are a various checks that can be initiated by the buyer or by their lawyers which should give them a better understanding of the risks in Soho. The standard property information forms supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the seller to determine whether the premises has historically flooded. If flooding has previously occurred and is not disclosed by the seller, then a purchaser could commence a claim for damages stemming from an incorrect answer. A purchaser’s conveyancers may also conduct an enviro search. This will reveal if there is any known flood risk. If so, additional investigations should be initiated.

It has been five months following my purchase conveyancing in Soho completed. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?

The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.

I am looking into buying my first house which is in Soho and I am already nervous. I couldn't find anything specific about Soho. Conveyancing will be needed in due course but do you know about the Soho area? or perhaps some other tips you can share?

Rather than looking online forget looking online you should go and have a look at Soho. In the meantime here are some basic statistics that we found

Can you offer any advice when it comes to choosing a Soho conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Soho conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggest that you make enquires with several firms including non Soho conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be useful:

If the firm is not ALEP accredited then what is the reason? How familiar is the firm with lease extension legislation?

After years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Soho. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Most definitely. We can put you in touch with a Soho conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Soho flat is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case was in relation to 1 flat. The unexpired term was 73.26 years.