Our nephew is in the process of securing a new build apartment in St James with a mortgage from UBS. His lawyer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the UBS conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the UBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I purchased a freehold residence in St James but nevertheless pay rent, why is this and what is this?
It is rare for properties in St James and has limited impact for conveyancing in St James 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 new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
My bank has suggested a law firm on their panel based in St James but I would rather choose a conveyancing lawyer in St James or nearer to where I live. Are you able to help?
It is by no means the case that all St James conveyancing practitioners are on all lender’s conveyancing panel. Do make use of the above find an approved solicitor tool to find a St James conveyancing solicitor on the on the lender panel.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a simple, no chain conveyancing. St James is the location of the property. Is there any guidance you can impart?
Flying freeholds in St James are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St James 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 St James 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 residence.
As co-executor for the will of my father I am selling a property in Monmouth but live in St James. My solicitor (approximately 250 kilometers from merequires that I execute a statutory declaration prior to completion. Can you recommend a conveyancing lawyer in St James who can attest and place their company stamp on the document?
Technically speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will be fine regardless of whether they are St James based
There are only Fifty years unexpired on my lease in St James. I now want to get lease extension but my landlord is absent. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the landlord. In some cases an enquiry agent may be useful to conduct investigations and prepare a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing St James.
Following years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in St James. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a St James conveyancing firm who can help.
An example of a Lease Extension decision for a St James flat is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired term was 56 years.