I am hoping to complete my purchase in Penryn next Monday. My solicitor now wants me to supply her with evidence of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the mortgage company. What does the insurance need to cover?
Any lawyer on acting for banks would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook requirements. These obligations are not unique to conveyancing in Penryn.
I own a freehold premises in Penryn but nevertheless charged rent, why is this and what is this?
It is rare for properties in Penryn and has limited impact for conveyancing in Penryn 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 new 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 in 2037 will be dispensed with completely.
We're in Penryn, First time buyers purchasing with a mortgage (lender is Principality , and our solicitor is on the Principality conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Principality conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Should our solicitor be raising questions concerning flooding during the conveyancing in Penryn.
Flooding is a growing risk for lawyers specialising in conveyancing in Penryn. Some people will buy a house in Penryn, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Conveyancers are not qualified to impart advice on flood risk, but there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which should figure out the risks in Penryn. The conventional set of information sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the seller to find out if the premises has suffered from flooding. If the property has been flooded in past which is not disclosed by the vendor, then a buyer may issue a claim for damages as a result of such an misleading answer. The buyer’s lawyers will also commission an environmental report. This should indicate if there is any known flood risk. If so, further inquiries should be carried out.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a quick, chain free conveyancing. Penryn is where the house is located. Can you offer any assistance?
Flying freeholds in Penryn are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Penryn you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Penryn may ascertain 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.
Completion is due on the sale of our £400,000 flat in Penryn on Thursday in a week. The freeholder has quoted £360 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Penryn?
Penryn conveyancing on leasehold apartments more often than not involves the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to address such questions most will be willing to do so. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The management information fee required by the landlord must be sent together with a summary of rights and obligations in respect of administration charges, otherwise the invoice is technically not due. Reality however dictates that one has no choice but to pay whatever is requested of you if you want to sell the property.
Leasehold Conveyancing in Penryn - Examples of Questions you should ask before buying
It would be prudent to find out as much as you can concerning the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the cleanliness of the communal areas. Enquire of other tenants what they think of their management. On a final note, find out the dates that the maintenance fees are due to the relevant party and specifically what it includes. Who manages the block? The best form of lease structure is a share of the freehold. In this arrangement the tenants have being in charge if their destiny and notwithstanding that a managing agent is frequently retained where it is bigger than a house conversion, the managing agent retained by the leaseholders.