I am the registered owner of a freehold premises in Malvern but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Malvern and has limited impact for conveyancing in Malvern 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 generation 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 post 2037 will be extinguished.

I am thinking of mortgaging my home in Malvern, does my lawyer have to be on the Nottingham Conveyancing panel?

There is nothing to stop you using your solicitor, but Nottingham will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.

Are there restrictive covenants that are commonly picked up during conveyancing in Malvern?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Malvern. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

About to purchase a new build flat in Malvern. Conveyancing is a frightening process 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.

Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Malvern

Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

There are only Seventy years left on my flat in Malvern. I now wish to get lease extension but my freeholder is can not be found. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to locate the lessor. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Malvern.

Leasehold Conveyancing in Malvern - Sample of Questions you should ask before buying

It would be wise to find out if there is anything that is prohibited in the lease. By way of example it is reasonably common in Malvern leases that pets are not allowed in in a block in Malvern. If you love the apartmentin Malvern yet your dog can’t move with you then you will be faced hard compromise. Is anyone aware of any major works in the near future that could add a premium to the maintenance charges? The answer will be helpful as a) areas could result in problems in the building as the communal areas may start to deteriorate where repairs remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to know about it