I am the registered owner of a freehold residence in Birkenshaw but still pay rent, why is this and what is this?
It’s unusual for properties in Birkenshaw and has limited impact for conveyancing in Birkenshaw 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 establishment of new 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 in 2037 is to be extinguished.
The Birkenshaw conveyancing firm that I appointed last week on my house acquisition in Birkenshaw have suddenly shut down. I only went with them because I needed a firm on the Virgin Money conveyancing panel and my preferred Birkenshaw lawyer was not. I gave my credit card details for them to take £195 for searches. What are my options?
If you have an estate agent involved then inform them straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Virgin Money conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
My lawyer has informed me that breach of easement insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Birkenshaw?
The appropriate level of breach of easement indemnity insurance depends on your lender. It would differ for example between Lloyds TSB Bank and Norwich and Peterborough Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
I happen to be the sole beneficiary of my late mum's estate with all property in now in my sole name, including the house in Birkenshaw. The Birkenshaw property was put into my name in October. I plan to dispose of the house. I understand that there is a CML six month 'rule', which means that my property ownership could be considered the same way as if I'd bought the house in October. Do I have to wait half a year to sell?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. Most lenders would take a practical view as this clause primarily exists to capture the purchase and immediately sell or the wholesaling and assigning of property.
I have decided to exercise my right to buy my property in Birkenshaw off the council. I have a mortgage agreed with Coventry BS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Coventry BS, you will need to appoint a solicitor on the Coventry BS conveyancing panel.
I am purchasing my first flat in Birkenshaw benefiting from help to buy. The sellers refused to reduce the price so I negotiated £7000 of extras instead. The estate agent told me not inform my conveyancer about this extras as it could jeopardize my mortgage with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I am looking at a two apartments in Birkenshaw both have approximately 50 years unexpired on the leases. Will this present a problem?
A lease is a right to use the property for a prescribed time frame. As a lease gets shorter the value of the lease reduces and it becomes more costly to extend the lease. This is why it is often a good idea to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this field.
I own a studio flat in Birkenshaw, conveyancing formalities finalised half a dozen years ago. Can you work out an approximate cost of a lease extension? Comparable properties in Birkenshaw with a long lease are worth £255,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease ends on 21st October 2091
With 73 years unexpired we estimate the premium for your lease extension to be between £8,600 and £9,800 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.