I own a freehold premises in Matlock but nevertheless charged rent, why is this and what is this?
It is rare for properties in Matlock and has limited impact for conveyancing in Matlock 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 many centuries, but the Rent Charge Act 1977 barred the generation 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 after 2037 will be extinguished.
I have been advised by my solicitor that chancel insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Matlock?
The right level of chancel indemnity insurance depends on your lender. It would differ for example between Santander and Leeds Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
I am the only recipient of my late father’s will with all property in now in my sole name, including the house in Matlock. Conveyancing formalities meant that the Land Registry date was in June. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', meaning my proprietorship could be regarded the same way as if I'd bought the house in June. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How sensible a view lenders take of it, depend on the mortgage company as this provision is principally there to capture subsales or the quick reselling of property.
We had chosen solicitors based in Matlock on the Barclays solicitor approved list. They have just billed me a further amount for the legal aspects of the Barclays mortgage. Is this an additional conveyancing fee set by Barclays?
Unfortunately, so long as it is in their Terms and Conditions or Quote then yes your conveyancing practitioner can levy a fee for this. The charge is not dictated by Barclays but by your Matlock conveyancing practitioner. Numerous firms on the Barclays panel will charge ’dealing with mortgage’ fee and others do not.
I used Wolstenholmes several years past for my conveyancing in Matlock. Now, I need the files however cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Matlock of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does the Landlord & Tenant Act 1954 affect my business premises in Matlock and how can you help?
The 1954 Act provides security of tenure to business lessees, giving them the right to apply to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Matlock is one of the many locations in which the firms we work with have offices
I am on look out for some leasehold conveyancing in Matlock. Before I get started I would like to find out the number of years remaining on the lease.
If the lease is recorded at the land registry - and almost all are in Matlock - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Matlock Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
Be sure to discover if the the lease includes any onerous restrictions in the lease. For example it is very common in Matlock leases that pets are not permitted in in a block in Matlock. If you love the propertyin Matlock but your dog can’t live with you then you have a very difficult decision. Where a Matlock lease has no more than 80 years it will affect the marketability of the apartment. Check with your mortgage company that they are happy with residual term of the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease at some point and you need to have some idea of how much this would cost. For most Matlocklease extensions you will be be obliged to have been the owner of the property for 24 months in order to be entitled to extend the lease. Are any of leasehold owners in dispute over their service charge liability?