I purchased a freehold premises in Sheffield yet invoiced for rent, why is this and what is this?
It is rare for properties in Sheffield and has limited impact for conveyancing in Sheffield 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 establishment of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
My uncle passed away six months ago and as sole heir and executor I was left the house in Sheffield. The house had a small mortgage remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this allowed?
If you intend to refinance then HSBC will require that you use a conveyancer on the HSBC conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your HSBC conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the HSBC mortgage is registered as a charge at the Land Registry.
What will a local search tell me regarding the house my wife and I purchasing in Sheffield?
Sheffield conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search company for instance Onsearch The local search plays a central role in most Sheffield conveyancing purchase; as long as you wish to avoid any nasty once you have moved into your property. The search should reveal data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
The deeds to my property are lost. The conveyancers who did the conveyancing in Sheffield 4 years ago have long since closed. What are my options?
As long as you have a registered title the details of your ownership will be evidenced by HMLR under a Title Number. It is easy to conduct a search at the Land Registry, find your property and order up to date copies of the property title for a small fee. If the property is Leasehold then the Land Registry will usually retain a certified duplicate of the Registered Lease and again, a copy can be obtained for a small fee.
What are your top tips when it comes to appointing a Sheffield conveyancing practice to deal with our lease extension?
If you are instructing a conveyancer for lease extension works (regardless if they are a Sheffield conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Sheffield conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. The following questions might be helpful:
How familiar is the firm with lease extension legislation?
Sheffield Conveyancing for Leasehold Flats - A selection of Queries before buying
The prefered form of lease arrangement is where the freehold interest is owned by the leaseholders. In this situation the tenants have control and although a managing agent is usually retained if it is bigger than a house conversion, the managing agent is directed by the tenants. Are any of leasehold owners in arrears of their service charge payments? Plenty Sheffield leasehold apartments will be liable to pay a service charge for the upkeep of the block invoiced on behalf of the landlord. Where you purchase the property you will have to pay this amount, normally periodically accross the year. This may differ from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. In all likelihood there will be a ground rent for you to pay yearly, this is usually not a large amount, say around £50-£100 but you need to check as sometimes it can be many hundreds of pounds.