My solicitor has identified a a legal deficiency with the lease for the property we are buying in West Heath. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will pay for it. Our lawyer says that he must check that the mortgage company is willing to move forward with this solution. Are we the client or is the lender?

Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. The appropriate lender requirements must be adhered to.

Our mortgage company has recommended a law firm on their panel based in West Heath but I would rather choose a conveyancing lawyer in West Heath round the corner to me. Can you assist?

The minority of West Heath conveyancing practices are on all lender’s conveyancing panel. Use our search tool to choose a West Heath conveyancing conveyancer on the on the mortgage company panel.

What can a local search inform me concerning the property my wife and I purchasing in West Heath?

West Heath conveyancing often starts with the applying for local authority searches directly from your local Authority or via a personal search company for instance Searches UK The local search is essential in every West Heath conveyancing purchase; as long as you don’t want any unpleasant surprises after you move into your property. The search will supply data on, amongst other things, details on planning applications applicable 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 topic headings.

Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. West Heath is where the house is located. Can you offer any assistance?

Flying freeholds in West Heath are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Heath you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in West Heath 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 property.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £425,000 apartment in West Heath next week. The management company has quoted £384 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in West Heath?

West Heath conveyancing on leasehold maisonettes normally necessitates fees being invoiced by management companies :

Answering conveyancing due diligence questions Where consent is required before sale in West Heath Supplying insurance information Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for West Heath leasehold property is £350. For West Heath conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

I have had difficulty in trying to purchase the freehold in West Heath. Can the Leasehold Valuation Tribunal adjudicate on premiums?

You certainly can. We are happy to put you in touch with a West Heath conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a West Heath residence 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 residue of the current lease was 76 years.