http://www.landlordzone.co.uk/forums/ en Sun, 26 May 2013 03:55:53 GMT vBulletin 60 http://www.landlordzone.co.uk/forums/images/misc/rss.png http://www.landlordzone.co.uk/forums/ http://www.landlordzone.co.uk/forums/showthread.php?55451-Property-Lease-Description-Doesn-t-Match-Title-Plan&goto=newpost Fri, 24 May 2013 16:15:54 GMT I inherited a leasehold property some time ago. The property consists of a shop, basement and a backyard. The problem is that the backyard IS NOT listed in the verbal description of the property in the lease. The description states:shop and basement. I called the Land Registry and they... I inherited a leasehold property some time ago.

The property consists of a shop, basement and a backyard.

The problem is that the backyard IS NOT listed in the verbal description of the property in the lease. The description states:shop and basement.

I called the Land Registry and they cannot see it as being part of the lease. (So by default is registered under the freeholder's title).

BUT the backyard IS included in the Title Plan and has a red outline (although in the lease this is referred to as 'for illustration purposes only).

My question is: who does it belong to, myself or the landlord? ]]> Conveyancing Questions teaparty http://www.landlordzone.co.uk/forums/showthread.php?55451-Property-Lease-Description-Doesn-t-Match-Title-Plan http://www.landlordzone.co.uk/forums/showthread.php?55416-Con-charges&goto=newpost Thu, 23 May 2013 10:20:48 GMT Well I've finally found a property to buy and am now going through the conveyancing process.
Because I want to save as much money as possible I want to exclude some of the Items that the conveyancer has put forward to me.

The property is leasehold.

I am a cash buyer so wont have to deal with any bank or lender.

I want to exclude Water Drainage search as I feel this is expensive and the property is just another flat in the company of over 200 in the street.

Chancel environmental search is another one that I feel I can exclude.

Would appreciate some opinions before I instruct the solicitor.

Cheers :(happy): ]]> Conveyancing Questions Trevor62 http://www.landlordzone.co.uk/forums/showthread.php?55416-Con-charges http://www.landlordzone.co.uk/forums/showthread.php?55397-Is-Treasury-Solicitor-likely-to-disclaim-totally-dilapidated-house&goto=newpost Wed, 22 May 2013 12:35:15 GMT Hello

I have found a house which further research revealed to be 'bona vacantia' - trouble is, it's quite dilapidated.

I heard somewhere that when a property is in such a state as to be a burden the Treasury Solicitor will just disclaim it, but how likely is this to be before the statutory 10 or 12 year period?

Of course I could take adverse possession of it now, but given the terrible state it's in I'd like to know where I stand before spending any money on it.

Any advice would be appreciated, particularly from people who have dealt with the TS before.

P. ]]> Conveyancing Questions Perplexed http://www.landlordzone.co.uk/forums/showthread.php?55397-Is-Treasury-Solicitor-likely-to-disclaim-totally-dilapidated-house http://www.landlordzone.co.uk/forums/showthread.php?55358-Online-Estate-Agents&goto=newpost Tue, 21 May 2013 07:22:22 GMT Hi All

We're thinking of selling a property using an online estate agent.

The financial savings are compelling. Online companies will do it for around £500 or so while traditional agents charge roughly 2% commission.

All a company has to do is make sure it's effectively advertised on Rightmove. That's the main part of the job done and then the vendor shows potential purchasers around.

No doubt estate agents reading this could get upset and argue that they bring a lot more to the table by having local knowledge, the ability to do accurate valuations and negotiation skills - but having dealt with many agents when purchasing we would question such claims. They sometimes don't even do accompanied viewing.

I had a scare yesterday though from an online agent. Their website clearly stated that an upfront fee of a few hundred pounds + VAT was payable, but when I spoke to the slick sounding salesman, he wanted to charge 1.85% commission. When I questioned this he offered some feeble excuses about why his website wasn't accurate.

That's put me off the online services quite a bit, but not completely. I'm going to try a few others before giving up.

Has anyone else had any good or bad experiences?

Cheers ]]> Conveyancing Questions isabella http://www.landlordzone.co.uk/forums/showthread.php?55358-Online-Estate-Agents http://www.landlordzone.co.uk/forums/showthread.php?55316-Some-questions-about-a-repo&goto=newpost Sat, 18 May 2013 17:07:25 GMT A few days ago I made a cleared funds cash offer on a repo (my first time offering on a repo) which already had a mortgage backed offer on it for about a week. The EA said I need to provide a copy of photo ID and an original bank statement (printed online statement was deemed fine) before the... A few days ago I made a cleared funds cash offer on a repo (my first time offering on a repo) which already had a mortgage backed offer on it for about a week. The EA said I need to provide a copy of photo ID and an original bank statement (printed online statement was deemed fine) before the vendor (asset management company) will even consider the offer.

Is this normal? I handed in the copy of ID and the printed bank statement with sort code and account number redacted to the EA at their office.

I haven't heard back from the EA regarding my offer for 4 days now. Does it normally take this long for the vendor to respond to a cash offer or is it usually same day or next day?

One thing I forgot to ask the EA was whether they were going to be forwarding the bank statement to the vendor along with my offer or did they only want the EA to see it. What is the usual procedure?

I may be paranoid but I'm suspecting the EA may not have forwarded my offer at all.

Thanks. ]]> Conveyancing Questions Eiji http://www.landlordzone.co.uk/forums/showthread.php?55316-Some-questions-about-a-repo http://www.landlordzone.co.uk/forums/showthread.php?55312-Easement-granted-for-septic-tank-drainage&goto=newpost Sat, 18 May 2013 13:26:01 GMT This is one for Jeffrey or Lawcruncher - our neighbours have their septic tank drainage on our land and it is permitted in the deeds that they can maintain, repair and renew as necessary for which we have no challenges. The system is leaking effluent onto our land but beyond the system that is... This is one for Jeffrey or Lawcruncher - our neighbours have their septic tank drainage on our land and it is permitted in the deeds that they can maintain, repair and renew as necessary for which we have no challenges. The system is leaking effluent onto our land but beyond the system that is outlined on the deeds.

It appears, as we have only just had a proper look at the deeds that the permitted pipework exiting the septic tank is both not as specified on the deeds (open jointed pipe) and longer than detailed and connected into some of our own land drains. The lack of open jointed or perforated pipe means effluent is traveling down the pipe rather than percolating into the ground as it was designed (and outlined on the deeds) and is now emanating from the ground in our own pipework which consists of clay land drains only. The run off from the septic tank is down a slope.

The users of the drainage system acknowledge that their effluent pipe should technically only be for a fixed distance, and it is in fact well over 25 m longer, and my question is (as this could develop into a neighbour dispute) can I insist, now that I know that what they have was not covered in the deeds in them putting it in a state that does comply.

The original conveyance goes back over 30 yrs but it is only obvious now that the system was installed incorrectly, and they are trying to avoid liability. ]]> Conveyancing Questions cfaproperty http://www.landlordzone.co.uk/forums/showthread.php?55312-Easement-granted-for-septic-tank-drainage http://www.landlordzone.co.uk/forums/showthread.php?55308-Cash-Purchase-Conveyancing&goto=newpost Fri, 17 May 2013 20:15:05 GMT Hi

I want to buy a freehold property for cash, but I want to exchange immediately and then complete a week later.

I've emailed a solicitor I have used a few times but he hasn't answered my questions and now I can't get hold of him until Monday. Basically he sent me a quote which included all the search fees and acting on behalf of lender (even though it's a cash purchase) and didn't tell me if it can be done.

Has anyone got any experience of doing this before?

I'm thinking it is just a case of seller sending contracts to my solicitor, me signing the contracts and paying deposit and then they exchange? I don't want to waste time with searches, I know the area like the back of my hand and I want get rid of the competition for this property.

A solicitor shouldn't have a problem with this should they?

Many thanks ]]> Conveyancing Questions Claymore http://www.landlordzone.co.uk/forums/showthread.php?55308-Cash-Purchase-Conveyancing http://www.landlordzone.co.uk/forums/showthread.php?55045-Selling-flat-with-service-charges-still-outstanding&goto=newpost Sun, 05 May 2013 11:10:28 GMT Hello,

Not sure whether this is the best place to post this question but I guess the moderators will move it to a more appropriate location if it isn't.

I own a flat and have done so for the last 11 years. I am looking to sell the property now but there are service charges still outstanding for the last 12-24 months that are currently being disputed between myself and the freeholder. My question is: if someone wants to buy the flat is this likely to cause a problem or will it simply be a debt that myself and the freeholder can argue about separately? Am I going to need to settle the dispute before being able to sell the property?

Many thanks in advance for your help. ]]> Conveyancing Questions psg8802 http://www.landlordzone.co.uk/forums/showthread.php?55045-Selling-flat-with-service-charges-still-outstanding http://www.landlordzone.co.uk/forums/showthread.php?55015-Seller-does-not-know-buyers-name-identity&goto=newpost Fri, 03 May 2013 11:00:30 GMT One of our tenants is selling his property and is now 3 weeks into the sale but his Estate Agent cant / wont tell him the name of the buyer. What is the law here and at what time must he know the name of the buyer ? Can he accept an offer from an unknown person or is that not a valid contract -... One of our tenants is selling his property and is now 3 weeks into the sale but his Estate Agent cant / wont tell him the name of the buyer.

What is the law here and at what time must he know the name of the buyer ? Can he accept an offer from an unknown person or is that not a valid contract - meeting of minds ? ]]> Conveyancing Questions billericayboy http://www.landlordzone.co.uk/forums/showthread.php?55015-Seller-does-not-know-buyers-name-identity http://www.landlordzone.co.uk/forums/showthread.php?54987-How-to-avoid-triggering-repayment-of-discount-on-sale-of-right-to-buy-property&goto=newpost Wed, 01 May 2013 22:05:49 GMT My wife and I bought our right to buy home from the local authority a year ago. Since then our family has grown such that we have 3 children in a two bedroom house; our son is sharing a room with his two sisters. The house is now incredibly cramped and we really need to sell the house and try and... My wife and I bought our right to buy home from the local authority a year ago. Since then our family has grown such that we have 3 children in a two bedroom house; our son is sharing a room with his two sisters. The house is now incredibly cramped and we really need to sell the house and try and buy a bigger property. Unfortunately, if we sell the property within 5 years of purchase we will then be required to repay the discount to the local authority. We needed this discount to purchase the property and will certainly need it if we are ever to be able to move to a bigger property.

I wrote to the local council legal department to seek advice on whether S160 (exempt properties) of the Housing Act 1985 could be used by us to avoid triggering repayment of the discount. The theory was that if my wife and I transferred ownership of the property to just myself, this would be an exempt transfer under the Act and thus we would not have to repay any discount. The local authority response was that an exempt disposal would not attract the repayment of discount. However, they went on to say that that transfer of ownership that we proposed would be classed as an exempt disposal although any subsequent sale of the property would be the first relevant disposal and would therefore attract the repayment of discount. Therefore any sale before the end of the 5 year period would attract the repayment of discount.

I get the sense that there may be an angle via the exempt properties clause and there may also be opportunities to avoid repayment of discount by funding a transfer via a loan rather a mortgage but do not know the detail.

Can anyone please give us any advice on how we can ‘structure’ the sale of our house to avoid triggering the repayment of discount under the Act? Has anybody been down this route themselves and been successful or has anyone advised their clients on such matters?

Thank you in advance for your assistance with this. ]]> Conveyancing Questions daddydgc http://www.landlordzone.co.uk/forums/showthread.php?54987-How-to-avoid-triggering-repayment-of-discount-on-sale-of-right-to-buy-property