I own a freehold residence in Falmouth but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Falmouth and has limited impact for conveyancing in Falmouth 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 many centuries, but the Rent Charge Act 1977 barred the generation 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 post 2037 will be extinguished.
Are all Falmouth Conveyancing Quality Solicitors on the RBS conveyancing panel?
A selection of banks and building societies now utilise the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of conveyancing solicitors.
How can we know in advance if a Falmouth conveyancing solicitor on the Nottingham panel is any good?
When it comes to conveyancing in Falmouth getting recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advocate that you speak with the solicitor carrying out your conveyancing.
I am due to exchange contracts on my apartment. I had a double glazing fitted in April 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Santander are being a right pain. The Falmouth solicitor who is on the Santander conveyancing panel is saying indemnity insurance will be fine but Santander are requiring a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?
It is probably the case that Santander have referred the matter to their valuer. The reason why Santander may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Due to the advice of my in-laws I had a survey completed on a house in Falmouth ahead of retaining conveyancers. I have been advised that there is a flying freehold overhang to the house. The surveyor advised that some lenders will refuse to grant a mortgage on a flying freehold house.
It depends who your proposed lender is. HSBC has different requirements from Nationwide. If you call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Falmouth. Conveyancing will be smoother if you use a solicitor in Falmouth especially if they regularly deal with such properties in Falmouth.
I need to instruct a conveyancing lawyer in Falmouth for my house move. Can I see a solicitor's complaints history with the profession’s regulator?
Anyone can search for documented Solicitor Regulator Association (SRA) decisions stemming from inquisitions started on or after 1 January 2008. Visit Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors record, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA could recorded telephone calls for training requirements.
My fiance and I may need to sub-let our Falmouth basement flat temporarily due to a new job. We instructed a Falmouth conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Your lease dictates relations between the freeholder and you the leaseholder; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Falmouth do not contain subletting altogether – such a provision would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Falmouth Leasehold Conveyancing - Examples of Queries Prior to buying
It would be sensible to discover if the the lease includes any adverse restrictions in the lease. For instance it is reasonably common in Falmouth leases that pets are not allowed in certain buildings in Falmouth. If you love the flatin Falmouth however your dog is not allowed to live with you then you will be faced hard choice. Is there a share of the freehold? How much is the ground rent and service charge?