I am buying an apartment in Moor Park. My Conveyancer is not listed on the bank conveyancing panel. Is it possible for me to appoint my Moor Park conveyancing solicitor even though they are excluded from the mortgage company panel?

Your options include

• Complete the deal with your chosen Moor Park conveyancing practitioner but your bank will undoubtedly use a solicitor on their conveyancing panel. The net result is additional cost together with likely frustration.
• Choose a new property lawyer to conduct the conveyancing, making sure they are on the bank conveyancing panel.
• Convince your lawyer to do everything possible to join the bank’s panel of solicitors

I purchased a freehold house in Moor Park but nevertheless charged rent, why is this and what is this?

It is rare for properties in Moor Park and has limited impact for conveyancing in Moor Park 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 many centuries, but the Rent Charge Act 1977 barred the establishment 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 in 2037 will be extinguished.

I decided to have a survey done on a house in Moor Park in advance of instructing solicitors. I have been informed that there is a flying freehold element to the house. The surveyor advised that some banks may refuse to issue a loan on this type of house.

It depends who your proposed lender is. Lloyds has different requirements for example to Halifax. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Moor Park. Conveyancing will be smoother if you use a solicitor in Moor Park especially if they are acquainted with such properties in Moor Park.

I am the registered owner of a a ground floor purpose built flat in Moor Park. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the amount payable for a lease extension?

You certainly can. We are happy to put you in touch with a Moor Park conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Moor Park property is Flats 8, 11 and 15 Craigmore Court 46 Murray Road in December 2013. The tribunal held that the price payable by the Applicant tenant of Flat 8 to acquire an extended lease shall be £26,438 plus £1 to the intermediate lessee . The tribunal held that the price payable by the Applicant tenants of Flat 11 to acquire an extended lease shall be £26,791 plus £1 to the intermediate lessee. The tribunal held that the price payable by the Applicant tenant of Flat 15 to acquire an extended lease shall be £26,638 plus £1 to the intermediate lessee . This case related to 3 flats. The remaining number of years on the lease was 71 years.

What makes a Moor Park lease problematic?

There is nothing unique about leasehold conveyancing in Moor Park. Most leases are drafted differently and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

Service charge per centages that don't add up correctly leaving a shortfall A provision for the recovery of money spent for the benefit of another party.

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Skipton Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.

My parents are encountering difficulties in finding their Moor Park property on the HMLR site. They recall that fifty years ago when they purchased the house there were complications regarding Moor Park not being recognised in some systems.

Almost all properties in Moor Park should appear. Have you tried a search with simply the postcode. Ordinarily it will disclose all the properties inside the postcode. Assuming the property is recorded it will show up with a title number. If they bought back in the 70’s it's conceivable it may be unregistered. The property may still be revealed but with the title number identified as 'na'. In this scenario you will need to locate the original title deeds which may be with your parent’s mortgage company.