I am the registered owner of a freehold house in Westminster yet pay rent, why is this and what is this?
It’s unusual for properties in Westminster and has limited impact for conveyancing in Westminster 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.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
There are numerous conveyancing solicitors in Westminster but how do I know who's good?
Do not opt for the lowest Westminster conveyancing fees. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
This question may be naive but I am unexperienced as FTB of a garden flat in Westminster. Do I pick up the keys to the property on completion from my solicitor? If so, I will instruct a local conveyancing solicitor in Westminster?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the purchase money to the seller's solicitors, and once they have received this, you should be able to receive the keys from the selling Agents and start moving into the property. This tends to happen early afternoon.
Completion of my purchase has taken place for my property in Westminster. Conveyancing was of an acceptable standard but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
I am buying a new build flat in Westminster. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Westminster
Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Westminster is where the house is located. Is there any advice you can give?
Flying freeholds in Westminster are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Westminster you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Westminster 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.
I am 18 days into a residential purchase having been recommend to conveyancers by the selling agent to handle our conveyancing in Westminster. I am not happy. Can you help me find new lawyers?
A solicitor would need to be really bad in order to consider changing them. Has your mortgage offer been sent? If so you need to make them aware of the replacement lawyer and get the mortgage documents are issued to the new lawyers. Your conveyancer should be on the mortgage company approved list to avoid escalating fees and frustration. So that should be your first question of the new conveyancers. Our search tool can help you find a lender approved conveyancer for your conveyancing in Westminster
We expect to complete the disposal of our £125,000 maisonette in Westminster next Monday. The landlords agents has quoted £384 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Westminster?
Westminster conveyancing on leasehold apartments more often than not requires the buyer’s conveyancer submitting questions for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries most will be content to assist. They are at liberty to invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The management information fee required by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, otherwise the charge is technically not due. In reality you have little option but to pay whatever is demanded should you wish to sell the property.
I own a first floor flat in Westminster. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?
Most definitely. We can put you in touch with a Westminster conveyancing firm who can help.
An example of a Lease Extension decision for a Westminster residence 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 related to 2 flats. The unexpired term was 56 years.