Last July we completed a house move in Tidworth. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in Tidworth?
The question is not clear as to the nature of the problems and if they are specific to conveyancing in Tidworth. Conveyancing searches and investigations undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, the vendor fills in a form referred to as a SPIF. If the information proves to be incorrect, you may have a misrepresentation claim against the seller 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 Tidworth.
My husband and I are buying a 1 bedroom apartment in Tidworth with a homeloan from Lloyds TSB Bank.We like our Tidworth conveyancing practitioner but Lloyds TSB Bank says she’s not on their "panel". We have to appoint a Lloyds TSB Bank panel firm or retain our high street solicitor and fork out for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. The home loan issued to you contains various provisions, a common one being that solicitors will be on the Lloyds TSB Bank conveyancing panel. Until recently, most mortgage companies had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for Lloyds TSB Bank
What does a local search inform me concerning the property I am purchasing in Tidworth?
Tidworth conveyancing often starts with the applying for local authority searches directly from your local Authority or via a personal search organisations for example Onsearch The local search is essential in every Tidworth conveyancing purchase; as long as you don’t want any nasty surprises after you move into your property. The search should provide information on, amongst other things, details on planning applications relevant to the property (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 areas.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what was supposed to be a quick, chain free conveyancing. Tidworth is the location of the property. What do you suggest?
Flying freeholds in Tidworth are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Tidworth you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Tidworth may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
There are only 68 years unexpired on my lease in Tidworth. I am keen to get lease extension but my landlord is absent. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to track down the freeholder. For most situations an enquiry agent would be useful to try and locate and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering Tidworth.
Tidworth Leasehold Conveyancing - Sample of Queries Prior to Purchasing
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For many Tidworth leaseholds the cost for major works are not incorporated into the maintenance charges, albeit that a few managing agents in Tidworth obliged leasehold owners to contribute towards a sinking fund and this is used to offset against larger works. What is the yearly service fee and ground rent? What is the length of the lease?