I am the registered owner of a freehold premises in Gower yet charged rent, why is this and what is this?
It’s unusual for properties in Gower and has limited impact for conveyancing in Gower 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 fresh 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 after 2037 is to be extinguished.
I am helping my niece sell her flat in Gower. Will the conveyancer order an EPC or should I organise this?
Following the demise of Home Packs, energy assessments was maintained a required element of selling a house. An energy performance certificate needs to be commissioned prior to the property being placed on the market. It is not a task that lawyers ordinarily organise. If you are instructing a Gower conveyancing lawyer they may help arrange energy assessments given their relationships with long established Gower energy assessors
Is it the case that all Gower solicitors on the RBS conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the RBS conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. The majority of mortgage companies do list licenced conveyancers on their panel and in such a situation the firms would be overseen by the CLC.
I am selling my house. I had a double glazing fitted in August 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Santander are being a right pain. The Gower solicitor who is on the Santander conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Santander are insisting on 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.
Various internet forums that I have come across warn that are the main cause of obstruction in Gower house deals. Is this right?
The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances in the conveyancing process. Local searches are unlikely to be the root cause of holding up conveyancing in Gower.
I am purchasing a new build house in Gower benefiting from help to buy. The sellers refused to budge the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The sale representative suggested that I not reveal to my conveyancer about this deal as it may put at risk my mortgage with the bank. Is this normal?.
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.
In my capacity as executor for the estate of my father I am disposing of a house in Swansea but reside in Gower. My lawyer (based 200 kilometers from mehas requested that I execute a stat dec prior to completion. Can you recommend a conveyancing solicitor in Gower who can attest this legal document for me?
Technically speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are Gower based