I am obtaining a offer of a home loan from Nat West. I intend to use a Licensed Conveyancer in Whitehaven. Does the Nat West Conveyancing panel allow for conveyancers regulated by the CLC?
The Nat West conveyancing panel is, like many other lenders, represented by the CML or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
I own a freehold house in Whitehaven yet pay rent, why is this and what is this?
It’s unusual for properties in Whitehaven and has limited impact for conveyancing in Whitehaven 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 generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
Just had an offer accepted on a new build apartment in Whitehaven. Conveyancing is a frightening process 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 legal work.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Whitehaven
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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.
Over the last few months I have been searching for a ground for flat up to £195,000 and found one near me in Whitehaven I like with open areas and transport links nearby, the downside is that it only has 52 years unexpired on the lease. I can't really find anything else in Whitehaven in this price bracket, so just wondered if I would be making a grave error buying a short lease?
Should you require a mortgage the remaining unexpired lease term will be a potential deal breaker. Discount the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the property for at least 2 years you can ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this.
In my capacity as executor for the will of my uncle I am selling a residence in Swansea but reside in Whitehaven. My lawyer (approximately 235 kilometers from mehas requested that I sign a stat dec before the transaction finalising. Could you suggest a conveyancing practitioner in Whitehaven to attest this legal document for me?
Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will be fine regardless of whether they are based in Whitehaven
Can you offer any advice when it comes to finding a Whitehaven conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Whitehaven conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggest that you make enquires with several firms including non Whitehaven conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be helpful:
Can they put you in touch with clients in Whitehaven who can give a testimonial? If they are not ALEP accredited then what is the reason?
Leasehold Conveyancing in Whitehaven - Sample of Questions you should ask Prior to Purchasing
The best form of lease structure is a share of the freehold. In this arrangement the lessees enjoy control and notwithstanding that a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. How much is the yearly maintenance fee and ground rent? Be sure to discover if the the lease contains any onerous restrictions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Whitehaven. If you like the flatin Whitehaven but your dog is not allowed to move with you then you will be presented with a difficult compromise.