I was informed today by my IFA that my Mitcham lawyer is not on the bank Conveyancing panel. What can I do to be certain if this is indeed the case?
The sensible course of action for you to take is to call your Mitcham lawyer directly. You lawyer should advise you of the situation. If they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your bank.
I own a freehold property in Mitcham but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Mitcham and has limited impact for conveyancing in Mitcham 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 hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
When it comes to lenders such as Leeds Building Society, do Mitcham conveyancers have to pay a yearly amount to be on the conveyancing panel?
We are unaware of any bank fees to register on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
We previously chose conveyancers based in Mitcham on the Clydesdale solicitor approved list. They are now charging me an additional amount for dealing with the Clydesdale mortgage. Is this a supplemental conveyancing fee set by Clydesdale?
Provided it is contained in their Terms of Engagement or Quote then yes your lawyer is entitled to charge a fee for this. The charge is not dictated by Clydesdale but by your Mitcham solicitor. Some firms on the Clydesdale panel will quote ’dealing with mortgage’ fee and others do not.
I'm spending time viewing apartments in Mitcham and I am about to put in an offer. Is it best to have my conveyancing practitioner on ‘stand by’? I will be getting a home loan with Yorkshire BS.
You should start obtaining conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. Given that you are getting a mortgage with Yorkshire BS, make sure you remember to check that your lawyer is on the Yorkshire BS conveyancing panel.
Do I need to take out insurance to address the risk of chancel repairs when buying a property in Mitcham?
Unless a prior purchase of the premises took place post 12 October 2013 you may assume that lawyers handling conveyancing in Mitcham to remain recommending a chancel search and or chancel repair liability policy.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Mitcham is where the house is located. What do you suggest?
Flying freeholds in Mitcham are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Mitcham you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Mitcham may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Back In 2001, I bought a leasehold flat in Mitcham. Conveyancing and Yorkshire Building Society mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Mitcham who acted for me is not around. Any advice?
The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Mitcham conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I have had difficulty in trying to purchase the freehold in Mitcham. Can the Leasehold Valuation Tribunal adjudicate on premiums?
You certainly can. We can put you in touch with a Mitcham conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Mitcham residence is 50 & 52 Southcroft Road in September 2013. The tribunals own valuation determined that the premium payable should be £29,000 This case related to 2 flats. The unexpired term as at the valuation date was 86.11 and 60.64.