I have given 2 months notice to my current landlord and have to leave my rented property in Carlton by 2/10/2025. Conveyancing on my purchase has just started. How realistic is it to complete in 5 weeks as don't want to have to move into short term accommodation?
Generally one should not serve notice on a rental unless your lawyer suggests that you should. If you have not previously done so, notify to your lawyer and request that they apply pressure on the sellers solicitors, try to an acceptable time-line that all parties will work to achieve
I purchased a freehold property in Carlton but still pay rent, why is this and what is this?
It’s unusual for properties in Carlton and has limited impact for conveyancing in Carlton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
My brother-in-law has suggested I instruct a conveyancing solicitor in Carlton. I I am struggling to find out whether they are accepted on the Nationwide Building Society conveyancing panel. Can you advise?
You should phone the conveyancer and enquire whether they can act for the lender. Alternatively you should call Nationwide Building Society who may be able to assist.
Will our solicitor be raising enquiries about flooding as part of the conveyancing in Carlton.
The risk of flooding is if increasing concern for lawyers dealing with homes in Carlton. Some people will buy a property in Carlton, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, but there are a numerous checks that may be initiated by the buyer or by their solicitors which will figure out the risks in Carlton. The conventional set of property information forms sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the vendor to determine whether the premises has suffered from flooding. If the property has been flooded in past which is not revealed by the owner, then a buyer may issue a claim for damages resulting from an incorrect answer. A buyer’s lawyers should also carry out an enviro search. This will reveal whether there is a recorded flood risk. If so, additional investigations should be made.
The estate agent has sent us the confirmation of our purchase of a new build flat in Carlton. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Carlton
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Please confirm the Lease plans are architect prepared. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I would like to rent out my leasehold flat in Carlton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Some leases for properties in Carlton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I bought a leasehold flat in Carlton, conveyancing formalities finalised January 2002. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Carlton with a long lease are worth £260,000. The ground rent is £45 invoiced annually. The lease finishes on 21st October 2099
With 74 years unexpired we estimate the price of your lease extension to be between £8,600 and £9,800 plus costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure in the absence of comprehensive due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before seeking the advice of a professional.