I am the registered owner of a freehold premises in Burwash yet invoiced for rent, why is this and what is this?

It’s unusual for properties in Burwash and has limited impact for conveyancing in Burwash 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 creation of fresh rentcharges post 1977.

Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.

I have been referred to a conveyancing solicitor in Burwash. I need to find out whether they are on the Bank of Scotland approved list of lawyers. Could you or the lender confirm if they are on the panel?

You should contact the solicitor and enquire if they are on the lender panel. Otherwise you can call Bank of Scotland who may be able to assist.

Is it the case that all Burwash conveyancing solicitors on the Yorkshire BS conveyancing panel are overseen by the Solicitors Regulatory Authority?

As a firm of solicitors, in order to be on the Yorkshire BS conveyancing panel they would need to be governed by the SRA. Some banks do allow licenced conveyancers on their panel in which case such firms would be regulated by the CLC.

I am currently in the process of buying my council flat in Burwash. I have a mortgage offer with Clydesdale. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Clydesdale, you will need to appoint a solicitor on the Clydesdale conveyancing panel.

Completion of my purchase has taken place for my property in Burwash. 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?

All lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.

I moved into my flat on 12 May and the transaction details is yet to be registered. Any reason for this? My conveyancing solicitor in Burwash said it will be formalised in a couple of weeks. Are properties in Burwash particularly slow to register?

As far as conveyancing in Burwash registration is no faster or slower than the rest of England and Wales. As opposed to being determined by geographic area, timeframes can adjust subject to who lodges the application, whether it is in order and whether the Land registry need to notify any interested persons or bodies. Currently roughly 80% of such applications are fully addressed in less than three weeks but some can be subject to extensive hold-ups. Registration takes place once the new owner has moved in to the premises so an expedited registration is not usually primary concern yet where it is urgent that the the registration takes place urgently then you or your conveyancer can speak with the land registry and explain the circumstances.

I am in need of some leasehold conveyancing in Burwash. Before diving in I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Burwash - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Leasehold Conveyancing in Burwash - A selection of Queries Prior to buying

How much is the annual service fee and ground rent? Who takes responsibility for maintaining and repairing the block? Are any of leasehold owners in arrears of their service charge payments?