I purchased a freehold premises in Bearsted yet pay rent, why is this and what is this?

It’s unusual for properties in Bearsted and has limited impact for conveyancing in Bearsted 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 new 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 in 2037 is to be dispensed with completely.

My property lawyer in Bearsted is not listed on the Coventry Building Society Conveyancing Panel. Is it possible for me to continue with my family solicitor notwithstanding that they are not on the Coventry Building Society approved list?

Your options are as follows:

1. Carry on with your preferred Bearsted solicitors but Coventry Building Society will need to retain a solicitor on their panel. This will result in additional total conveyancing charges as well as result in frustration.
2. Choose an alternative lawyer to act in the conveyancing, obviously checking they are on the Coventry Building Society panel

There are plenty of conveyancing solicitors in Bearsted but how do I know who's good?

Do not opt for the cheapest Bearsted conveyancing fees. You really do get what you’re paying for when it comes to property lawyers. 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 know exactly what you’ll have to pay in advance.

I have decided to exercise my right to buy my property in Bearsted off the council. I have a mortgage offer with Virgin Money. 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 Virgin Money, you will need to appoint a solicitor on the Virgin Money conveyancing panel.

I recently had an offer agreed on a house in Bearsted. My financial adviser recommended their conveyancers. I paid an advanced payment of £225. Soon after, the solicitor called me embarrassingly acknowledging that they were not on the Bank of Ireland conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Bank of Ireland panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

I am buying a new build apartment in Bearsted. Conveyancing is daunting 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 conveyancing.

Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Bearsted

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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.

Planning to exchange soon on a basement flat in Bearsted. Conveyancing lawyers have said that they report fully next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Bearsted should include some of the following:

Where does the liability rest for repairing the window frames Ground rent - what is due and what the invoice dates are, and be on notice if this is subject to change The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. Information as to the provision as set out in the lease to pay service charges - with regard to both the building, and the more general rights a tenant enjoys Where does the liability rest to repair and maintain the block. It is important that you know which party is duty bound to repair and maintenance of all parts of the block and estate

Leasehold Conveyancing in Bearsted - Sample of Queries before Purchasing

What restrictions are there in the Bearsted Lease? What is the length of the lease? Plenty Bearsted leasehold apartments will be liable to pay a service bill for maintenance of the building invoiced by the freeholder. Where you buy the property you will have to pay this liability, normally periodically during the year. This may differ from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a ground rent for you to pay yearly, normally this is not a significant sum, say about £25-£75 but you should to enquire it because sometimes it can be surprisingly expensive.