I own a freehold residence in Pensysarn but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Pensysarn and has limited impact for conveyancing in Pensysarn 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 many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
I am planning to acquire a property and require a conveyancing solicitor in Pensysarn who is on the Chelsea Building Society conveyancing. Could you point me in the right direction as regards a solicitor?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Chelsea Building Society in certain locations such as Pensysarn. We dont recommend any particular firm.
When it comes to lenders such as Leeds Building Society, do Pensysarn lawyers incur an annual charge to be on the list of approved solicitors?
We are not aware of any mortgage company fees to be on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel application.
I can not fathom if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Pensysarn bank branch on various occasions and was told it does not affect the mortgage offer and they would lend. My Pensysarn conveyancing solicitor - who is on the lender conveyancing panel- called and was told they would not lend in accordance with their published requirements. I have no idea who is right.
Provided that the solicitor is on the mortgage company panel, they must follow the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I've read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Pensysarn solicitor - who is on the RBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS 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. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Pensysarn postcode. As you are getting a mortgage with RBS, you could contact them to see if they have a list of approved surveyors in Pensysarn.
How does conveyancing in Pensysarn differ for newly converted properties?
Most buyers of new build or newly converted property in Pensysarn approach us having been asked by the developer to exchange contracts and commit to the purchase even before the property is finished. This is because new home sellers in Pensysarn typically purchase the land, 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 conveyancing solicitors 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 accustomed to new build conveyancing in Pensysarn or who has acted in the same development.
I work for a long established estate agent office in Pensysarn where we have witnessed a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received contradictory information from local Pensysarn conveyancing firms. Can you shed some light as to whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Pensysarn Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying
This information is important as a) areas may cause problems for the block as the common areas may start to deteriorate where repairs are not paid for b) if the leasehold owners have a dispute with the running of the building you will wish to know about it The majority of Pensysarn leasehold apartments will have a service bill for the upkeep of the block levied by the management company. If you purchase the flat you will have to meet this contribution, normally in instalments accross the year. This could vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a rentcharge to be met yearly, this is usually not a significant sum, say about £50-£100 but you should to enquire it because on occasion it can be many hundreds of pounds. Are there any major works in the near future that will add a premium to the service charges?
We have appointed a Pensysarn conveyancing solicitor for our home move (first time buyers) and have noticed in the engagement letter that they are not covered by the Financial Conduct Authority. Should I be concerned or is that the norm with property lawyer?
We can't see why they should be. Most conveyancer don't lend money. You should check that they are governed by the Solicitors Regulation Authority, who have stringent rules covering funds sitting on client account.