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  1. Hi there, I’d really appreciate some advice with this one. I’ve been about to exchange on a leasehold property for the last few weeks and a last minute problem has risen with the lease extension. The lease was 89 years and it’s been extended to 999 years however it hasn’t been registered as yet with the land registry, despite in being started a year ago. The process has been expedited but, despite indications otherwise from my solicitor, it looks as though it’ll go on beyond my current mortgage offer which runs out on Thursday(!). A new title number has been raised but it’s not been completely registered. The management company who own the freehold is made up of the owners of a set of nine properties of which this property is one of. A few of the properties got together to process this a while ago. The vendor, who does seem trustworthy, assured me there’s no risk to proceeding. They’ve said that all the legal documents prove that the lease extension has been submitted and paid for and will go through just not in time for the transaction. I’d be grateful for some advice here. Is it a problem that it’s still awaiting registration with the land registry? I’ve negotiated a good price on the property and I’d really want it to go through but don’t want to make a stupid mistake. Many thanks Paul
  2. I need to apply for an urgent order for sale of a property I own jointly. I live in the property and finance it; other owner moved out years ago and has been very difficult. Now we have a buyer they refuse to sell, hence urgency. I have been advised that I will be granted an order no problem as it is straightforward decision. To which court should I issue the application? I know it has to be a county court but which one is best for an urgent application? I am in the North West/ Manchester area. Thanks
  3. Hi guys, so happy i found this forum. Just hoping anyone can share or point me in the direction of resources to learn about the legalities of using a software platform to raise capital for property development. Being a software engineer, I always loved the idea of merging my interest in property with code and automation. Currently im doing some research into the space and about to go through my first purchase of a property, God willing, but really would appreciate any help with this.
  4. Hi, I’d appreciate any thoughts or advice on this situation. We have let a property to a company, our understanding was that it would be used to accommodate staff of the company for meetings as a cheaper alternative to hotels. The contract (not an AST) clearly states the property cannot be sublet. On carrying out a planned inspection on Saturday we discovered it was in use as an air bnb. This is a breach of our mortgage and insurance T&Cs. Our contract states we can end the contract with immediate effect if the tenant breaches the contract. We sent a formal letter stating we would be repossessing the property this week (today). Our tenant verbally said he understood and agreed to us taking back possession. Today we found a further air bnb customer in the property and received a message from our tenant that he was speaking to his legal team and encouraging us to contact a lawyer. We’ve found the Airbnb booking page and he has updated it so there is no further availability, as such we are wondering if he is just trying to buy a little time until the current Airbnb customer leaves on Sunday. i was just wondering if anyone had recommendations on next steps. We want to avoid a costly legal battle and as a company let it is clearly stated that the contract can be terminated with immediate effect if there is a breach of conditions.
  5. I've not had a great experience with a solicitor for my first purchase of a leasehold flat with a share of freehold. I have had issues with the lack of attention to detail, passive approach to following up on items and "finding out very late" that things haven't been done by the sellers solicitor, and I have had poor clarity of advice being given given (often verbal) and not in writing. I also the solicitor choose the "easy" path rather than the "right path" i.e. I have to rely on pre-contract replies to omissions on the lease rather than correct draft mistakes in the lease, it appears there is lack of "clout" and a reluctance to point our errors and see them through to resolution and a reluctance to validate status of issues being resolved. When I selected my solicitor, I selected them being because the conveyancing firm had strong and recent evidence of positive responses as an individual and a company on Trust Pilot. I didn't choose the cheapest solicitor and I could see they have had over 7 years of post qualification experience on the Law Society website. I also spoke to the "consultant" solicitor and was pleased to know there was secretarial support for the conveyancer. Nonetheless, I have found it hard to contact her subsequently on the phone to get updates and I also get updates other than "we are waiting for the sellers solicitor". I didn't have any personal recommendations. So what could I do differently next time I purchase a property - any different approaches?
  6. Hi, I'm looking at purchasing a house tomorrow at auction. I have had a good look at all the searches and deeds etc and am happy with the majority. The only issue is that there is one charge in the title deeds which I don't quite understand, mainly because it is legal language. Could anyone translate the following for me, please. Many thanks indeed, Jim "Except rights of light air or otherwise which would restrict or interfere with the free use of the adjoining messuage of the Vendor being <<ADDRESS OF NEXT DOOR NEIGHBOUR HERE>> aforesaid for building or other purposes EXCEPT and RESERVING unto the Vendor and her successors in title the owner or owners for the time being of the said adjoining property <<ADDRESS OF NEXT DOOR NEIGHBOUR HERE>> aforesaid all easements quasi easements rights and privileges now or heretofore occupied or enjoyed therewith over or in relation to the property hereby transferred."
  7. Hi, Can anyone help, looking to make what will be our first purchase from auction, bid on a few in the past but not been successful. I'll be using bridging finance which shouldn't be a problem but its the legals I'm not sure on. The property in question isn't totally straightforward as its been added to over the years. I have access to all the legal docs but to the untrained eye it doesn't mean an awful lot. What I need to be sure of, before I purchase, is that the property legals are in order and it will be fully mortgage-able when developed and good for immediate short term bridging finance. Is it just a case of approaching a solicitor and asking them for some advice, maybe paying up front with a view to using them if the purchase is successful? I'd be interested to know how others approach this. The bidding will be competitive so I'm keen not to spend a fortune before I even know if I'm going to be successful. TIA...
  8. I’m in need of some advice. I just bought a mid terrace house with shared access with next door through the passageway in the middle of both properties. The neighbours have recently moved in as well and are saying the back garden fence is not down the middle of where the shared access ends and so is in need of moving. I can see that it is a little strange that there isn’t 2 gates to enter our respective gardens but they now have to enter my garden before going down the passageway. However the previous owners I think came to an agreement as both made changes on their properties close to the shared access line and perhaps moving the fence had benefitted both parties. My question is if I bought the house as is AND my neighbours also bought the house as is then would their boundary dispute have legs? any advice is helpful thanks PM
  9. HI there, I would like to come in contact with a reliable, efficient and trustworthy solicitor. Can you please share recommendations based on past and happy service(s) received. Thanks in advance
  10. Good evening, all. My thanks in advance to anyone who can provide any guidance on the below. I own a new build property, which is subject to latent defects cover. I purchased this property in 2016 and opened claims under the late defects insurance policy with my adjoining nextdoor neighbor in 2017. These claims have been kicked around by the insurer for several years now but have been accepted and will be actioned in the next year or so. The works relate to structural defects. In short: the property will need to have its ground foundation strengthened. The open insurance claim will see rectification works take place at both my property and my neighbor, at some point in the future. The claims for each property are identical, but individual to each property, and have been parcelled together by the insurer for their ease. My ambition is to sell the property as soon as this work is complete, due to my financial position. I would also like to know whether I might also be able to sell the property ahead of the completion of this work (say, via auction), without jeopardising my neighbour's claim. Am I correct in believing that I could, hypothetically, sell now, since the claims are individually unique to each property? Grateful for any steer. Best wishes, Jon
  11. Hi, I've got a few Victorian Properties, one has an EPC rating of C but the others are D rated. I've spoken to companies about doing the EPC suggested work, but the message that keeps coming back is that many of the modifications suggested on the EPC would be a bad idea. Apparently the modern improvements just don't work with the Victorian engineering. I'm a bit worried about finding in a few years time that I'm unable to meet the legal requirements for rentals and pretty much powerless to do anything about it. Does anyone have any thoughts on this? I've made improvements like replacing windows, but this sort of improvement doesn't have a huge impact on the rating. Thanks for any thoughts/advice!
  12. Hello, I am currently in the process of purchasing my first buy-to-let under a limited company and Paragon (the mortgage provider that I am using) have requested that I have a "Certificate of Confirmation of Advice" provided by an independent solicitor which will end up costing £600 in legal fees (two hours work). I have brought this unexpected cost up with my mortgage broker and he assures me that this is a standard procedure for every mortgage under a private limited company and will have to be done whenever I move lender or for any future purchases, although I have personally never heard of it before. Is this something that anyone else has gone through? Many thanks for anyone that can give me some advice, it is greatly appreciated. Nick
  13. Anyone got any experience of setting up a declaration of trust, or currently have this set up..with an understanding of how this effects your borrowing abilities? want to set up declaration of trust in favour of my wife 99vs1%. Can we still have joint mortgage or not? Thanks
  14. Hi all, A big topic for you today - if dangerous cladding is found on a block of apartments, who pays to fix it? One of the properties I own is a flat in a block with 100+ leaseholders. I can't divulge too much information because it is an ongoing legal case, however we are currently pursuing several avenues of legal proceedings in order to determine whose responsibility it is to pay for the potential 7 figure cost of replacing all of the cladding on the building. Will it be the leaseholders, who are supposed to be responsible for maintenance and repair of the building, or the landlord who owns the building and is responsible for remedial action? Of course, when the building was completed less than 10 years ago, everything was approved to building standards at the time. It is because of the recent tragedy at Grenfell that everyone is suddenly realising that the standards are not good enough now. To be clear, nobody is disputing that the cladding needs to be replaced. At the moment, the leaseholders are paying six figure sums for 24 hour fire marshalls to guard the building so that it can stay operational for tenants. We are also being coerced into paying increased service charges (2-3x the normal amount) to pay for other remedial fire safety actions even though it hasn't yet been determined who is responsible. Although I can just about afford it with the rent (I am now essentially making £0 on that property) for some owner-occupiers or smaller portfolio leaseholders this increased service charge and potential astronomical charge to eventually do the cladding itself is going to wipe them out. As a leaseholder, I have a biased opinion but surely it shouldn't be us leaseholders, who each paid six figure sums to buy a product in good faith, who pays to fix something that isn't actually fit for purpose?? Please let me know your thoughts, I would be grateful for any advice.
  15. Hello I would like to change the name on my property deeds from my individual name to my new company name (SVP.) I have spoken to my accountant about the tax related concerns which he is arranging (re capital gains etc.) The next step is to transfer the name of the deeds. I do not have a mortgage on the property. Can anyone recommend a lawyer who can do this for a reasonable fee ? Thanks
  16. Hi, Just a quick query and hopefully someone can help. I currently have a dispute with a developer in which they are claiming the boundaries are in the incorrect location. Looking at my title deed plan the redline boundary relates to physical features on the ground and therefore looks to be correct. The developer is now producing the TP1 plan which does not line through with the title deed plan (i.e Fencelines, House Location, Garage Sizeare different sizes and positions) But they are claiming that the measurements from the TP1 conveyancing plan (which the original does not have any dimensions on) will be used to correct the boundary issue. Does anyone have any guidance or documentation which shows whether the title deed plan supersedes the TP1 plan? Thanks,
  17. Good afternoon, We find ourselves in quite a bizarre situation and would really appreciate any advice that might be out there. - Today we placed bids on an online auction for a BTL property. We won the auction with a bid of £127,000. Once bidding went over £125,000 we received an email and on-screen prompt to confirm that our bid met the reserve price and the property would be sold to the highest bidder. - At the end of the auction we received an email to confirm that we were the highest bidders and that we had 'won'. - The email states that they would try to take our £5000 reservation fee. They appear to have been successful. - We subsequently received a call from the auctioneers telling us that in fact we had NOT met the reserve for the property, but that they were giving us the first opportunity to put in a bid of £134k to secure it. They said there had been a 'technical glitch.' Does anyone know what our legal rights are in this regard? We intend to hold the auctioneers to the contract. If the virtual hammer had fallen and we'd cited a technical glitch and tried to secure the property for £7k less, we'd be laughed out of town! Expecting to discuss this in detail with them tomorrow, so would love any advice or to hear from anyone with experience of this. Thanks, Chris
  18. Hi All, I am looking to purchase my first property as a BTL through an SPV. Do I retain my first time buyer rights as an individual? I've had conflicting advice/opinion from my mortgage broker and legal professionals. I know that within an SPV you have no choice but to pay the higher rate stamp duty, so does this have any baring?
  19. Hi all! I am currently purchasing two flats, both freehold (one ground floor and one first floor flat). This purchase will mean I will own the whole building (there are only two flats in this house that has been converted around 10/15 years ago). I've been going through the dilemma of purchasing through an LTD or not and finally concluded that LTD was the way to go; however because I am a first time landlord and the two flats are freehold I (my broker) has struggled to find competitive interest only mortgages and consequently wipe out the benefits entirely (and some) of going the LTD route. So now am purchasing the flats in my own name. Can I own the freehold of the land that the two flats are situated on in my own name (self-assessment) and issue two leaseholds (one for each flat) and have these in my LTD? How do you issue a leasehold when you are freeholder? Many thanks in advance!
  20. Hi all, My stepbrother and I currently jointly own one buy to let property which is slowly (!) building up funds for the next deposit. We are looking at finance for our next property and there's a possibility of an investment from a family member. (They would get a percentage back on their investment each year and at the end of the 5 year fix we would buy them out, returning their original investment). We have looked at setting up the investment as a charge on the property so as to protect the investors money but lenders aren't prepared to lend on this basis. The alternative is 'gifting' the investment but that doesn't protect the investor's money. Are there any other options?? Many thanks, Alex.
  21. Hi, Does any one have any recommendations for a solicitor to work on a ltd company buy-to-let purchase in Liverpool? Any help or advice would be much appreciated, this is my first one! Thanks, Kate
  22. Hi, I bought a BTL property last year via an SPV and paid £500 + VAT for independent legal advice for the personal guarantee. I'm now on BTL no.2 and would absolutely love to avoid being robbed at daylight this time round! Can anyone suggest and London based solicitors (or national ones offering the service via Skype) that can give advice at a reasonable price? Thanks
  23. Hi all, There are 2 vacant houses, side by side, round the corner from where I'm living. I spoke to the next door neighbour, who told me the place had been empty for 30 years!! The front garden is totally overgrown and forest-like, being an eyesore around neighbouring houses which are lovely. Apparently there have been various people that have tried to buy them over the years and failed. I spoke to the Council today who told me they have tried to sue and serve notices to the owner and also try and buy them - but the owner is in his 90's and doesn't seem in the least interested in the houses. The daughter also has issues and similarly has no interest in dealing with anything to do with them. They're on such prime real estate it's such a shame. I'd desperately like to purchase them, but don't know what to do, if even the Council has failed. Is this a lost cause, or is there something I can do to purchase these? Does anyone know the law relating to abandoned properties - surely if they're empty for 30 years, there are grounds to legally transfer the deeds? Any advice would be greatly appreciated. Olivier.
  24. Hi there, My wife and are leaseholders on a property in London. We've been in negotiations to buy the freehold, as we're entitled to do, the negotiations have been going on for a while as the freeholder was difficult to get hold of and disengaged. They are now no longer engaging with us at all or responding to any our communications. This is now also hindering us doing some much needed roof repairs on the property. Can anyone recommend any good property lawyers that deal with freehold enfranchisement and property management disputes? Thanks in advance VHB
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