I own a freehold residence in Northamptonshire but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Northamptonshire and has limited impact for conveyancing in Northamptonshire 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 creation of fresh rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
Are all Northamptonshire Conveyancing Quality Solicitors on the Yorkshire BS conveyancing list of approved solicitors?
A selection of banks and building societies now make use of the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.
Does a directory service exist listing Principality panel solicitors in Northamptonshire on the Building Society Association’s Website?
Unfortunately not yet. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. A small selection of mortgage companies make their panel listings open the public over the internet. If you are in need of a Northamptonshire lawyer on the Principality please use our facility.
I have today made my last payment due on my mortgage with Co-operative. I assume I don't need a Northamptonshire conveyancing practitioner on the Co-operative panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
I have been told that property searches are the primary reason for delay in Northamptonshire conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not figure amongst the common causes of hindrances in the conveyancing process. Local searches are unlikely to be the root cause of holding up conveyancing in Northamptonshire.
Are there restrictive covenants that are commonly identified during conveyancing in Northamptonshire?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Northamptonshire. 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…’
Do you have any top tips for leasehold conveyancing in Northamptonshire from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Northamptonshire can be reduced if you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers. The majority of freeholders or managing agents in Northamptonshire charge for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Northamptonshire. A minority of Northamptonshire leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers. If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Organising a re-issued share certificate can be a time consuming process and delays many a Northamptonshire home move. Where a new share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity. If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unresolved.
I acquired a 2 bed flat in Northamptonshire, conveyancing formalities finalised July 1999. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding flats in Northamptonshire with a long lease are worth £175,000. The ground rent is £65 per annum. The lease runs out on 21st October 2076
You have 58 years unexpired we estimate the premium for your lease extension to be between £21,900 and £25,200 as well as legals.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information without first getting professional advice.