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Recently asked questions about conveyancing in Greater Manchester

I am the registered owner of a freehold property in Greater Manchester but still charged rent, why is this and what is this?

It’s unusual for properties in Greater Manchester and has limited impact for conveyancing in Greater Manchester 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 hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.

Old 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.

Will our conveyancer be making enquiries regarding flooding during the conveyancing in Greater Manchester.

The risk of flooding is if increasing concern for solicitors dealing with homes in Greater Manchester. Some people will purchase a property in Greater Manchester, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Lawyers are not qualified to impart advice on flood risk, but there are a number of searches that may be initiated by the buyer or on a buyer’s behalf which should figure out the risks in Greater Manchester. The conventional set of completed inquiry forms given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to discover whether the property has historically flooded. In the event that flooding has previously occurred and is not notified by the vendor, then a buyer could commence a legal claim for losses as a result of such an misleading response. The buyer’s solicitors should also carry out an enviro search. This will indicate whether there is any known flood risk. If so, further investigations should be initiated.

I am buying a new build flat in Greater Manchester. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Greater Manchester

    Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please confirm the Lease plans are surveyor prepared. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.

My partner has recommend that I instruct his lawyers for conveyancing in Greater Manchester. Do I take his guidance?

There are no two ways about it it’s preferable to select a conveyancing practitioner is to get guidance from friends or relatives who have actually previously instructed the solicitor that you are are thinking of instructing.

We expect to complete our sale of a £425,000 apartment in Greater Manchester next week. The managing agents has quoted £408 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Greater Manchester?

Greater Manchester conveyancing on leasehold maisonettes more often than not requires the buyer’s conveyancer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to assist. They are at liberty to levy a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it is above £800. The administration charge invoiced by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

Greater Manchester Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

    Best to be warned if redecorating or some other major work is due in the foreseeable future that will be shared between the tenants and could well dramatically impact the level of the maintenance costs or necessitate a specific payment. Are there any major works anticipated that will likely add a premium to the maintenance fees? Is there a share of the freehold?

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