We are purchasing our first property. Our property lawyer has calledto see if we want to order supplemental conveyancing searches. We are really unsure what's necessary for conveyancing in Loughton

The type of Loughton conveyancing searches should be triggered based entirely on the premises, the location, the possibility of any of these risks, your knowledge of the locality and risks, your general appetite to risk. What is important is that you adequately appreciate what information the searches could give you. Then you can make a decision if you consider that you need that information. Where you are uncertain, ask your lawyer to recommend.

I purchased a freehold property in Loughton but nevertheless charged rent, why is this and what is this?

It is rare for properties in Loughton and has limited impact for conveyancing in Loughton 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 hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.

Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

Is it necessary during the course of the conveyancing process to pop into the offices of the solicitor to execute the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Loughton so that I can pop in to their offices when needed.

Nowadays conveyancing panel lawyers for banks undertake the vast majority of work via the post, internet or over the phone. This means that they can undertake the conveyancing transaction no matter where you live in the country. Nevertheless you can see if you have the option of visiting the offices of your conveyancing lawyer if needed.

I want to sublet my leasehold flat in Loughton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Your lease governs relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Loughton do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Despite our best efforts, we have been unsuccessful in negotiating a lease extension in Loughton. Can the Leasehold Valuation Tribunal adjudicate on premiums?

You certainly can. We can put you in touch with a Loughton conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Loughton property is 201 & 201a St. Barnabas Road in October 2013. The Tribunal decided that the price to be paid by the Applicants for the freehold interest is £20,071. This case related to 2 flats. The unexpired lease term was 69.26 years.

My husband and I accepted an offer on a Loughton property we inherited six years ago in 2012. I have over 12 years conveyancing experience and, now retired, see no reason not to undertake the conveyancing. The purchaser's conveyancing practitioner has informed me that their mortgage company will not allow us to do our own conveyancing mandating that the funds to be sent to a solicitor's bank account.

Lending instructions to conveyancing practitioners from all mainstream lenders specify that If the vendor does not have legal representation the purchaser’s lawyers should check whether the lender needs to be told so that a decision can be made as to whether or not they are willing to proceed.