I purchased a freehold property in Rawcliffe but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Rawcliffe and has limited impact for conveyancing in Rawcliffe 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 post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
I am assisting my niece sell her flat in Rawcliffe. Does the conveyancer arrange the energy performance certificate or do I organise this?
After the abolition of Home Information Packs, EPC’s was maintained a mandatory component of moving house. An EPC needs to be to hand in advance of the property being marketed. It is not as aspect of the sale process that lawyers ordinarily arrange. Where you are instructing a Rawcliffe conveyancing practitioner they might be able to arrange EPC’s due to their contacts with reputable Rawcliffe energy assessors
I've digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Rawcliffe solicitor - who is on the Nottingham conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham 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 Rawcliffe 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.
Bank of Ireland have agreed my mortgage in principle, my offer on a flat in Rawcliffe has been agreed to, what happens next?
The estate agent will want to know who your solicitors are (ensure that the property lawyers are on the lender’s panel). Contact Bank of Ireland or your financial adviser and finalise any relevant documentation. Bank of Ireland will sellect a valuer who will get in touch with the estate agent or seller to book an appointment. Once carried out (assuming no problems) it takes on average a fortnight for the mortgage offer to be issued. Bank of Ireland will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Rawcliffe.
My wife and I purchased a 4 bedroom Georgian property in Rawcliffe. Conveyancing solicitor acted for me and National Westminster Bank. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, another for leasehold with the exact same address. Is it worth asking National Westminster Bank to clarify?
You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rawcliffe and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with your conveyancing practitioner who conducted the work.
I'm purchasing a new build house in Rawcliffe with the aid of help to buy. The builders would not move on the price so I negotiated 6k of extras instead. The property agent suggested that I not to tell my conveyancer about the extras as it could affect my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a simple, chain free conveyancing. Rawcliffe is the location of the property. Can you shed any light on this issue?
Flying freeholds in Rawcliffe are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Rawcliffe you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Rawcliffe may determine 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 residence.
In what way does the Landlord & Tenant Act 1954 affect my business offices in Rawcliffe and how can you help?
The 1954 Act provides a safeguard to commercial leaseholders, granting the legal entitlement to make a request to court for a new tenancy and continue in occupation at the end of an expired lease. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in Rawcliffe