I own a freehold house in Cheadle but nevertheless invoiced for rent, why is this and what is this?

It’s unusual for properties in Cheadle and has limited impact for conveyancing in Cheadle 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 date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.

Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.

Please explain the implications if my lawyer’s firm is expelled from the HSBC Solicitor panel ahead of completing my conveyancing in Cheadle?

The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.

Should our solicitor be making enquiries regarding flooding as part of the conveyancing in Cheadle.

Flooding is a growing risk for lawyers carrying out conveyancing in Cheadle. There are those who purchase a property in Cheadle, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Lawyers are not best placed to offer advice on flood risk, however there are a numerous searches that can be initiated by the purchaser or by their solicitors which can give them a better appreciation of the risks in Cheadle. The conventional set of completed inquiry forms sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the seller to find out whether the property has ever been flooded. If flooding has previously occurred and is not revealed by the vendor, then a buyer may commence a claim for damages as a result of such an incorrect response. The buyer’s conveyancers may also commission an enviro search. This will reveal if there is a recorded flood risk. If so, further inquiries will need to be conducted.

Taking into account that I will soon spend 450k on a house in Cheadle I would like to have a conversation with the lawyer regarding theconveyancing in advance of giving the go ahead to the firm. Is this something that you can arrange?

We could not agree more - it is our preference to talk to you we do not take any clients on without you liaising with the solicitor due to be conducting your property ownership legalities in Cheadle.There is no ‘factory style conveyancing’ - every client is an important person, not a matter number. The practices that we put you in touch with believe that the figure you are calculated and presented to you for your conveyancing in Cheadle should be the figure that you are charged.

I am thinking of appointing a conveyancing practitioner in Cheadle for my home move. Can I see a firm’s complaints history with the legal regulator?

Anyone may search for documented Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Visit Check a solicitor's record. For information Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, call +44 (0)121 329 6800. The SRA could monitor call for training purposes.