Me and my partner are acquiring property in Chinatown. My lawyer is not listed on the bank solicitor list. Is it possible for me to retain my Chinatown conveyancing solicitor even though they are not on the lender panel of approved conveyancing solicitors?
Your options include
- Complete the deal with your existing Chinatown property lawyer but your lender will no doubt retain a property lawyer on their approved list. This will result in additional charges together with probable frustration.
- Get a new property lawyer to act in the purchase, obviously checking they are on the mortgage company conveyancing panel.
- Convince your conveyancer to pull out all the stops to get accepted on the lender’s conveyancing panel
I own a freehold residence in Chinatown but still charged rent, why is this and what is this?
It is rare for properties in Chinatown and has limited impact for conveyancing in Chinatown 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 generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
My property lawyer in Chinatown is not on the HSBC Bank Approved Panel. Can I still continue with my family solicitor notwithstanding that they are not on the HSBC Bank panel?
Your options are as follows:
- Complete the purchase with your preferred Chinatown solicitors but HSBC Bank will need to use a conveyancer on their list of acceptable firms. This will inevitably rack up the total conveyancing charges and result in frustration.
- Choose an alternative lawyer to act in the conveyancing, remembering to check they are HSBC Bank approved.
- Try to convince your HSBC Bank based solicitor to try to join the HSBC Bank panel
My partner and I may need to sub-let our Chinatown basement flat temporarily due to taking a sabbatical. We instructed a Chinatown conveyancing firm in 2004 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your previous Chinatown conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without prior consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a Chinatown conveyancing firm to help?
in cases where there is a absentee landlord or if there is disagreement about the premium for a lease extension, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to calculate the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Chinatown property is 36 New Wanstead in August 2010. The Tribunal arrived at a valuation of the premium for the freehold of £22,359. This case affected 2 flats. The unexpired term as at the valuation date was 73.92 years.
I happen to be an executor of my recently deceased parent's Will, with a bungalow in Chinatown which is to be marketed. The bungalow has never been registered at HMLR and I'm told that many EAs will insist that it is completed before they will proceed. What's the mechanism for this?
In the circumstances that you have set out it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.