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Recently asked questions about conveyancing in Stanley

I am the registered owner of a freehold premises in Stanley yet invoiced for rent, why is this and what is this?

It’s unusual for properties in Stanley and has limited impact for conveyancing in Stanley 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 new 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 will be extinguished.

I am assisting my mother sell her property in Stanley. Will the conveyancing solicitor commission an EPC or it is for me to coordinate?

Following the abolition of Home Packs, EPC’s was left as a required part of selling a property. An EPC needs to be commissioned prior to the property being advertised. It is not as aspect of the sale process that conveyancers normally organise. Where you are instructing a Stanley conveyancing lawyer they might be able to arrange EPC’s given their relationships with long established local accredited person

I'm the single beneficiary of my late father’s estate and I have everything in my name now, including the house in Stanley. The Stanley property was put into my name in May. I now wish to sell up. I understand that there is a Mortgage Lenders 6 month 'rule', meaning my property ownership could be treated the same way as if I'd bought the house in May. Will no one buy the property for half a year?

The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. Some banks would take a practical view as this clause is principally there to capture subsales or the flipping of properties.

The mortgage over my property is with Aldermore for my property in Stanley. Conveyancing was finalised a year ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Aldermore?

Your original mortgage agreement with Aldermore will provide that you need their approval prior to renting your property as this is likely to be a breach of Aldermore’s mortgage conditions. It may be that Aldermore will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Aldermore directly. You need not do this via a Aldermore conveyancing panel lawyer.

Will our solicitor be asking questions regarding flooding during the conveyancing in Stanley.

The risk of flooding is if increasing concern for lawyers dealing with homes in Stanley. Some people will acquire a house in Stanley, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to give advice on flood risk, but there are a various searches that may be initiated by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Stanley. The standard property information forms supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) includes a standard inquiry of the owner to find out if the property has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the owner, then a purchaser could bring a legal claim for losses as a result of such an inaccurate response. The buyer’s lawyers should also order an environmental search. This will indicate if there is any known flood risk. If so, more detailed investigations should be carried out.

Despite weeks of looking the Title Certificate and documents to my home are lost. The lawyers who conducted the conveyancing in Stanley 5 years ago are no longer around. What do I do?

You no longer need to have the physical deeds to establish that you are the owner of your registered land or premises, as the Land Registry have everything they need in a digital format.

I have been sourcing a conveyancing solicitor in Stanley for my remortgage. Is it possible to see a firm’s record with the profession’s regulator?

You may search for published Solicitor Regulator Association (SRA) determinations resulting from inquisitions from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training purposes.

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