I purchased a freehold residence in Earlsfield yet invoiced for rent, why is this and what is this?

It is rare for properties in Earlsfield and has limited impact for conveyancing in Earlsfield 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 post 1977.

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

My wife and I have a 4 bedroom Edwardian house in Earlsfield. Conveyancing lawyer represented me and Chelsea Building Society. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold with the matching address. I'd like to know for sure, how can I find out??

You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Earlsfield and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with your conveyancing practitioner who conducted the conveyancing.

I'm purchasing my first flat in Earlsfield with a loan from Bank of Ireland. The builders would not reduce the price so I negotiated 6k of fixtures and fittings instead. The property agent told me not disclose to my lawyer about the extras as it may affect my mortgage with the lender. Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the builder 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 decided to have a survey done on a house in Earlsfield in advance of appointing lawyers. I have been advised that there is a flying freehold element to the house. The surveyor has said that some lenders tend refuse to give a mortgage on a flying freehold house.

It varies from the lender to lender. HSBC has different instructions for example to Halifax. Should you wish to call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Earlsfield. Conveyancing will be smoother if you use a solicitor in Earlsfield especially if they are acquainted with such properties in Earlsfield.

Back In 2002, I bought a leasehold house in Earlsfield. Conveyancing and Virgin Money mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Earlsfield who acted for me is not around. Do I pay?

The first thing you should do is contact HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Earlsfield conveyancing firm to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

After months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Earlsfield. Can we issue an application to the Residential Property Tribunal Service?

in cases where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to judgment on the sum to be paid.

An example of a Freehold Enfranchisement decision for a Earlsfield flat is 35 Trewint Street in February 2012. The Tribunal arrived at a premium of £32 425 for the freehold reversion. The matter was transferred back to the court for further consideration which required the applicants pay the premium (less any assessed costs) into court after which the court would execute a transfer of the freehold. This case affected 2 flats. The remaining number of years on the lease was 70.57 years.