I purchased a freehold premises in Lincolnshire but still pay rent, why is this and what is this?
It is rare for properties in Lincolnshire and has limited impact for conveyancing in Lincolnshire 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 creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
I am helping my niece sell her property in Lincolnshire. Does the conveyancer commission the EPC or it is for the seller to coordinate?
Following the demise of Home Packs, energy performance certificates was maintained a required element of selling a property. An energy performance certificate needs to be to hand before the property is marketed. This is not a task that law firms ordinarily arrange. Where you are instructing a Lincolnshire conveyancing solicitor they may help arrange energy assessments due to their relationships with long established Lincolnshire assessors
I was told two weeks ago that my mortgage has been agreed to by HSBC. Is it usual for HSBC to only issue the offer once my solicitor in Lincolnshire is approved on their conveyancing panel? HSBC have asked my solicitor to see a copy of their PI Insurance.
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for HSBC to deal with your lawyer's application to be on the HSBC conveyancing panel. There's no guarantee that your solicitor will be accepted.
RBS have agreed my home loan in principle, my bid on a flat in Lincolnshire has been accepted, now what?
The property agent will wish to know who your solicitors are (ensure that the property lawyers are on the lender’s approved list). Call up RBS or the financial adviser and complete any appropriate documentation. RBS will instruct a valuer who will get in contact with the estate agent or vendor to book an appointment. Once carried out (assuming no problems) it takes on average a week for the mortgage offer to be issued. RBS will send the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Lincolnshire.
I am purchasing a new build house in Lincolnshire with a loan from Alliance & Leicester . The developers would not reduce the price so I negotiated £7000 of extras instead. The estate agent advised me not disclose to my conveyancer about this extras as it will adversely affect my mortgage with the bank. 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.
We're FTB’s - agreed a price, but the agent advised that the owners will only go ahead if we appoint the agent's chosen conveyancers as they are insisting on a ‘quick sale’. Our preferred option is to instruct a family solicitor who is accustomed to conveyancing in Lincolnshire
We suspect that the owner is unaware of this demand. Should the owner desire ‘a quick sale', alienating a genuine purchaser is counter productive. Avoid the agents and go straight to the owners and make the point that (a)you are motivated purchasers (b)you are excited to move forward, with finances arranged © you do not need to sell (d) you wish to move quickly (e)however you intend to use your preferred Lincolnshire conveyancing solicitors - not the ones that will provide the estate agent a referral fee or achieve conveyancing thresholds set by corporate headquarters.
I am attracted to a couple of flats in Lincolnshire which have approximately fifty years unexpired on the lease term. Do I need to be concerned?
There are no two ways about it. A leasehold apartment in Lincolnshire is a wasting asset as a result of the shortening lease. The closer the lease gets to its expiry date, the more it reduces the marketability of the premises. The majority of purchasers and lenders, leases with under eighty years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Lincolnshire conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I purchased a studio flat in Lincolnshire, conveyancing having been completed in 2001. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding flats in Lincolnshire with over 90 years remaining are worth £181,000. The average or mid-range amount of ground rent is £55 yearly. The lease comes to an end on 21st October 2072
You have 51 years unexpired the likely cost is going to range between £30,400 and £35,200 plus professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first getting professional advice.