I am the registered owner of a freehold house in Lake District yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Lake District and has limited impact for conveyancing in Lake District 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 fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
I am purchasing my first flat in Lake District with a mortgage from Yorkshire Building Society. The sellers would not reduce the price so I negotiated five thousand pounds worth of extras instead. The estate agent advised me not to tell my conveyancer about the extras as it could jeopardize my mortgage with the bank. Do I keep my lawyer in the dark?.
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.
Due to the encouragement of my in-laws I had a survey completed on a house in Lake District prior to appointing solicitors. I have been told that there is a flying freehold element to the house. Our surveyor advised that some banks will not grant a mortgage on such a premises.
It depends who your proposed lender is. Lloyds has different instructions from Nationwide. Should you wish to telephone us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Lake District. Conveyancing will be smoother if you use a solicitor in Lake District especially if they are acquainted with such properties in Lake District.
How difficult is it to swap solicitor as I need to instruct one who is on the Coventry Building Society conveyancing panel. I instructed a family conveyancing solicitor in Lake District round the corner but he is not accepted by Coventry Building Society
We will our best to assist in finding you a conveyancing solicitor in Lake District on the Coventry Building Society panel. Please note that the law firms that we list do not pay us a referral fee if you instruct them and are registered with the Solicitors Regulation Authority who regulate all conveyancing solicitors in Lake District. Using search facility on this website, you can contrast charges for conveyancing solicitors in Lake District and beyond.
Do you have any top tips for leasehold conveyancing in Lake District with the intention of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Lake District can be reduced if you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers. Some Lake District leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers. You believe that you know the number of years remaining on your lease but you should double-check by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is under 80 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. Many freeholders or Management Companies in Lake District levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Lake District.
Lake District Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
You should be aware if it is no more than 80 years it will have adverse implications on the value of the apartment. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will probably require a lease extension at some point and it is worth discovering how much this will be. For most Lake Districtlease extensions you would need to own the premises for two years in order to be eligible to extend the lease. Is there a share of the freehold? It would be prudent to investigate if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being permitted in in a block in Lake District. If you like the propertyin Lake District yet your cat is not allowed to live with you then you will be presented with a difficult choice.