I am in the throes of transferring my existing standard mortgage to a Buy to Let Accord Mortgages Ltd mortgage. I have been informed by my broker that I require a conveyancer as part of the process. I spoke to my previous Barnsley conveyancing solicitor who who conducted the conveyancing when I first purchased the property. The costs illustration sent of £470 has shocked me as its a remortgage than a sale or purchase.

The charges seem a bit high. If you are willing to invest time scrutinising prices you could get the conveyancing a bit cheaper by say £125. On the other hand, assuming were happy with the legal work the firm provided you maycome to rue choosing an an unknown solicitor. If is important to check that the firm can represent Accord Mortgages Ltd. You can use our search tool to choose a Barnsley conveyancing firm on the Accord Mortgages Ltd member panel, which can often include conveyancing solicitors in Barnsley.

Our solicitor has identified a a problem with the lease for the property we are purchasing in Barnsley. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will pay for it. Our conveyancing practitioner says that he must be satisfied that the lender is willing to move forward with this solution. Who is the client here, us or the bank?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.

I am the registered owner of a freehold premises in Barnsley but still pay rent, why is this and what is this?

It’s unusual for properties in Barnsley and has limited impact for conveyancing in Barnsley 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 creation of new rentcharges from 1977 onwards.

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 extinguished.

How does conveyancing in Barnsley differ for new build properties?

Most buyers of new build property in Barnsley approach us having been asked by the developer to exchange contracts and commit to the purchase even before the property is built. This is because house builders in Barnsley tend to acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Barnsley or who has acted in the same development.

There are only 72 years unexpired on my lease in Barnsley. I now wish to get lease extension but my landlord is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the freeholder. For most situations an enquiry agent should be useful to try and locate and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Barnsley.

Barnsley Leasehold Conveyancing - Examples of Queries before buying

The answer will be helpful as a) areas could cause problems for the building as the common areas may begin to deteriorate if services are not paid for b) if the tenants have a dispute with the running of the building you will want to have all the details Does this lease have more than 82 years unexpired?