I purchased a freehold residence in New Brighton but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in New Brighton and has limited impact for conveyancing in New Brighton 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 establishment of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
Is it correct that all New Brighton CQS (Conveyancing Quality Scheme) solicitors are on the Virgin Money conveyancing list of approved solicitors?
Some major banks and building societies now utilise the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of conveyancing solicitors.
Two weeks ago we had a mortgage agreed in principle with RBS. New Brighton conveyancing lawyers are instructed. What is the average time that one could expect to receive a mortgage offer from RBS?
Some lenders take longer than others. Have RBS conducted the valuation? Have you advised RBS as to your lawyers' details and checked that your lawyers are on the RBS conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
Having read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local New Brighton solicitor - who is on the Santander conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own New Brighton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Have completed on a a semi-detached house in New Brighton , how long will it take for the Land Registry to register my proprietorship? My New Brighton conveyancing solicitor has been very slow, so I want to be sure the land registry aspects are concluded.
There is nothing unique when it comes to conveyancing in New Brighton registration formalities. Rather than based on location, timeframes can differ subject to who lodges the application, whether there are errors and if the Land registry have to notify any third parties. Currently approximately 80% of submission are fully dealt with in less than three weeks but some can be subject to extensive delays. Registration occurs after the purchaser has moved in to the premises therefore an expedited registration is not typically an essential issue but where it is urgent that the the registration takes place urgently then you or your conveyancer can contact the land registry and explain the circumstances.
How does conveyancing in New Brighton differ for newly converted properties?
Most buyers of new build or newly converted property in New Brighton contact us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is ready to move into. This is because new home sellers in New Brighton typically acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in New Brighton or who has acted in the same development.
In my capacity as executor for the estate of my uncle I am selling a residence in Monmouth but live in New Brighton. My solicitor (who is 250 miles awayhas requested that I sign a stat dec before completion. Could you suggest a conveyancing solicitor in New Brighton to attest this legal document for me?
strictly speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are New Brighton based
Can you provide any advice for leasehold conveyancing in New Brighton from the point of view of saving time on the sale process?
- Much of the delay in leasehold conveyancing in New Brighton can be bypassed where you instruct lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers’ solicitors. If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? New Brighton leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Should you fail to have the consents to hand you should not contact the landlord without contacting your solicitor in the first instance. Some New Brighton leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers. You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 80 years. In the circumstances it is essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale. If you hold a share in a the Management Company, you should make sure that you have the original share document. Obtaining a new share certificate is often a time consuming formality and frustrates many a New Brighton home move. If a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
New Brighton Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing
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How many years remain on the lease? The prefered form of lease structure is if the freehold interest is owned by the leaseholders. In this arrangement the tenants have control and even though a managing agent is usually employed where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Best to be warned whether fixing the lift or some other major work is coming up to be shared between the leasehold owners and will materially increase the the maintenance costs or necessitate a one time payment.