I own a freehold premises in Shinfield but nevertheless pay rent, why is this and what is this?
It is rare for properties in Shinfield and has limited impact for conveyancing in Shinfield 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 generation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
Does a directory service exist listing Kent Reliance panel conveyancers in Shinfield on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such directory service on the CML or Building Society Association sites. A small selection of lending institutions make their panel listings available online. If you are in need of a Shinfield conveyancing practitioner on the Kent Reliance please use our facility.
Last month we had a mortgage agreed in principle with Principality. Shinfield conveyancing lawyers are selected. How long does it take for Principality to send the offer to the lawyer?
There is no definitive answer here. Have Principality conducted the valuation? Have you advised Principality as to your lawyers' details and checked that your lawyers are on the Principality conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Shinfield bank branch on a couple of occasions and was told they are content with the situation and they will lend. My Shinfield conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Your lawyer has to follow the CML Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
Should our solicitor be raising enquiries regarding flooding during the conveyancing in Shinfield.
The risk of flooding is if increasing concern for lawyers dealing with homes in Shinfield. There are those who purchase a house in Shinfield, fully aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, however there are a numerous searches that may be initiated by the purchaser or by their solicitors which should give them a better understanding of the risks in Shinfield. The standard completed inquiry forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the seller to find out if the premises has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the vendor, then a buyer may bring a claim for damages resulting from an inaccurate response. A buyer’s solicitors will also commission an environmental search. This will reveal if there is any known flood risk. If so, more detailed inquiries will need to be conducted.
I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what should have been a straight forward, chain free conveyancing. Shinfield is where the house is located. Is there any guidance you can impart?
Flying freeholds in Shinfield are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Shinfield you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shinfield may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Is it simple use your search app to locate a conveyancing practitioner in Shinfield on the approved list for my mortgage?
1st choose a mortgage company such as HSBC Bank, The Mortgage Works or Platform Home Loans Ltd then choose your location such as Shinfield. Conveyancing firms in Shinfield and nationally should be identified.