I own a freehold residence in Killamarsh but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Killamarsh and has limited impact for conveyancing in Killamarsh 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 extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
This question may be naive but I am unseasoned as FTB of a ground floor flat in Killamarsh. Do I receive the keys to the premises on the completion date from my solicitor? If this is the case, I will appoint a High Street conveyancing solicitor in Killamarsh?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the completion advance to the owner’s conveyancers, and once they have received this, you will be called to collect the keys from the Estate Agents and move into your new home. This tends to happen early afternoon.
We have agreed to purchase a house in Killamarsh. A rare aspect is that the roof has a solar panel. Lloyds have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Lloyds your lawyer must check the conveyancing requirements outlined in Section two of UK Finance Lenders’ Handbook for Lloyds. The Council of Mortgage Lenders’ Handbook stipulates minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to Lloyds where a lease fails to satisfy these provisions. The provisions relate to the installation of panels on properties countrywide and is not limited to Killamarsh.
Clydesdale have agreed my mortgage in principle, my bid on a house in Killamarsh has been accepted, what are the next steps?
The estate agent will wish to know who your solicitors are (make sure the property lawyers are on the lender’s panel). Contact Clydesdale or your financial adviser and finalise any relevant paperwork. Clydesdale will appoint a valuer who will get in contact with the estate agent or vendor to schedule a slot for the valuation to happen. Once conducted (assuming no problems) it takes about a week to receive the mortgage offer. Clydesdale will issue the offer to you and your solicitors. The legal work will then take it’s course according the nature and complexity of the conveyancing in Killamarsh.
My relative recommended that if I am buying in Killamarsh I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes quoted for as part of the standard Killamarsh conveyancing searches. It is not a small document of more than thirty pages, listing and detailing important information about Killamarsh around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful information about Killamarsh.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Killamarsh?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Killamarsh. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the advice of my in-laws I had a survey completed on a house in Killamarsh prior to instructing conveyancers. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some lenders will refuse to give a loan on such a property.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Killamarsh. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Killamarsh to see if the conveyancing costs will increase in light of this.
How can the Landlord & Tenant Act 1954 impact my commercial property in Killamarsh and how can your lawyers assist?
The 1954 Act provides protection to business tenants, granting the legal entitlement to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and help with commercial conveyancing in Killamarsh