My wife and I are acquiring a brand new flat in Alsager and my conveyancer is advising me that she is duty bound to the mortgage company to disclose incentives from the builder. I am on a tight deadline to exchange contracts and I would rather not prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I own a freehold premises in Alsager yet invoiced for rent, why is this and what is this?
It is rare for properties in Alsager and has limited impact for conveyancing in Alsager 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.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
We're in Alsager, First timers purchasing with a mortgage (lender is Virgin Money , and our lawyer is on the Virgin Money conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Virgin Money conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I decided to have a survey carried out on a house in Alsager before instructing solicitors. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies tend refuse to give a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions from Nationwide. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Alsager. Conveyancing will be smoother if you use a solicitor in Alsager especially if they are accustomed to such properties in Alsager.
What makes a Alsager lease defective?
There is nothing unique about leasehold conveyancing in Alsager. Most leases are unique and drafting errors can result in certain provisions are wrong. The following missing provisions could result in a defective lease:
Maintenance charge proportions which don’t add up to the correct percentage Repairing obligations to or maintain elements of the premises
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Coventry Building Society, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to pull out.
I own a 2 bed flat in Alsager, conveyancing was carried out half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Alsager with a long lease are worth £176,000. The average or mid-range amount of ground rent is £50 per annum. The lease comes to an end on 21st October 2102
You have 80 years remaining on your lease we estimate the premium for your lease extension to range between £7,600 and £8,800 as well as legals.
The figure above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There may be additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.