I am the registered owner of a freehold property in Pitsea but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Pitsea and has limited impact for conveyancing in Pitsea 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 fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Pitsea?
There are many registered licenced Conveyancers in Pitsea and Solicitor firms in Pitsea who can help with your conveyancing It is important to make clear that both are supervised by regulatory bodies with both specialising in the legal work in transferring property. Both can handle other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
I am selling my house. I had a double glazing fitted in August 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Aldermore are being difficult. The Pitsea solicitor who is on the Aldermore conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
After what seems like an age I have had an offer on a flat in Pitsea agreed to, but there is a chain. The owners have placed an offer on a property, but it’s not been accepted yet, and are looking at other properties in the pipeline. I have chosen a nearby conveyancing solicitor in Pitsea. What do I do now? At what stage should I apply for the mortgage with Co-operative?
It is usual to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is approx £1k, then survey, Pitsea conveyancing search fees, etc). The first course of action is to ensure that your conveyancer is on the Co-operative approved list. Concerning the next steps this very much dictated by the circumstances of your transaction, attraction to this property and on the state of the market. In a buoyant market many purchasers would apply for a home loan with Co-operative and arrange for the valuation and only if it was satisfactory would they pay their lawyer to press on with the conveyancing in Pitsea.
I have been told that property searches are the number one reason for delay in Pitsea conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature within the common causes of hindrances during the legal transfer of property. Local searches are unlikely to be the root cause of delay in conveyancing in Pitsea.
Me and my brother purchased a terraced Victorian house in Pitsea. Conveyancing solicitor represented me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the exact same property. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Pitsea and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with your conveyancing solicitor who conducted the purchase.
Having checked my lease I have discovered that there are only 62 years remaining on my flat in Pitsea. I now want to get lease extension but my freeholder is missing. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the lessor. On the whole a specialist would be helpful to conduct investigations and prepare an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court covering Pitsea.
I inherited a 2 bed flat in Pitsea, conveyancing having been completed half a dozen years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Pitsea with an extended lease are worth £181,000. The average or mid-range amount of ground rent is £55 yearly. The lease finishes on 21st October 2070
With just 51 years left to run we estimate the premium for your lease extension to span between £30,400 and £35,200 plus professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of detailed due diligence. You should not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not take any other action based on this information without first getting professional advice.