I purchased a freehold house in Leicestershire yet charged rent, why is this and what is this?
It is rare for properties in Leicestershire and has limited impact for conveyancing in Leicestershire 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 have existed for many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
We are purchasing a purpose built apartment in Leicestershire with a mortgage from Lloyds TSB Bank.We like our Leicestershire conveyancing practitioner but Lloyds TSB Bank says he's not on their approved list of member firms. we are left little option but to use a Lloyds TSB Bank panel lawyer or retain our local solicitor and pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. The mortgage issued to you is subject to its various provisions, a common one being that conveyancers needs to be on the Lloyds TSB Bank solicitor panel. Until recently, most mortgage companies had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Lloyds TSB Bank
Should our conveyancer be asking questions regarding flooding as part of the conveyancing in Leicestershire.
Flooding is a growing risk for lawyers specialising in conveyancing in Leicestershire. There are those who buy a house in Leicestershire, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Conveyancers are not qualified to offer advice on flood risk, but there are a numerous checks that can be carried out by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Leicestershire. The conventional set of completed inquiry forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to determine whether the property has suffered from flooding. In the event that the residence has been flooded in past which is not notified by the owner, then a buyer could commence a compensation claim as a result of such an incorrect response. The buyer’s lawyers will also conduct an enviro report. This will disclose if there is a recorded flood risk. If so, more detailed inquiries should be initiated.
I used Action Conveyancing a few years past for my conveyancing in Leicestershire. I now require my papers however cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Leicestershire of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
As co-executor for the estate of my father I am disposing of a property in Cardiff but I am based in Leicestershire. My lawyer (based 260 miles from mehas requested that I sign a stat dec ahead of the transaction finalising. Can you recommend a conveyancing lawyer in Leicestershire who can attest and place their company stamp on the document?
Technically speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will suffice regardless of whether they are Leicestershire based
Last November I purchased a leasehold flat in Leicestershire. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Leicestershire - Sample of Questions you should ask Prior to buying
-
How is the lease structured? How much is the maintenance charge and ground rent on the property?