I am the registered owner of a freehold residence in West Smithfield yet pay rent, why is this and what is this?
It’s unusual for properties in West Smithfield and has limited impact for conveyancing in West Smithfield 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 many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
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 extinguished.
We are due to move home in March. Will my conveyancing solicitor update the removal company on the day of completion. On a separate note, can you suggest a removal company in West Smithfield. Conveyancing firm was organised prior to coming across your page.
On the day of completion you will need to collect the keys from the selling agent but this should only be done when the sellers lawyers inform the agent that the monies to complete are in and the keys can be collected. You can inform the removal company that they can start moving you in. We do not suggest a particular removal organisation but can assist you in locating a residential property solicitor in West Smithfield or a legal practice that specialises in conveyancing in West Smithfield.
I have been advised by my lawyer that missing deeds insurance is needed on my purchase. What is the level of cover for West Smithfield conveyancing?
The right level of missing deeds indemnity insurance depends on your lender. It would differ for example between Lloyds TSB Bank and Norwich and Peterborough Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
How can we tell if a West Smithfield conveyancing solicitor on the Nationwide panel is any good?
When it comes to conveyancing in West Smithfield seeking recommendations is a sensible starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advocate that you speak with the solicitor carrying out your transaction.
Various online forums that I have visited warn that are a common reason for hinderance in West Smithfield conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays in the conveyancing process. Searches are not likely to feature in any holding up conveyancing in West Smithfield.
I used Stirling Law several years past for my conveyancing in West Smithfield. Now, I need my files however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in West Smithfield of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build apartment in West Smithfield. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in West Smithfield
Forfeiture - bankruptcy or liquidation must not apply under this provision. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
I today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in West Smithfield. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in West Smithfield ?
The majority of houses in West Smithfield are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in West Smithfield so you should seriously consider shopping around for a West Smithfield conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor should report to you on the legal implications.