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Recently asked questions about conveyancing in Torquay

I purchased a freehold residence in Torquay yet charged rent, why is this and what is this?

It’s unusual for properties in Torquay and has limited impact for conveyancing in Torquay 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 extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.

Will our conveyancer be asking questions regarding flooding as part of the conveyancing in Torquay.

The risk of flooding is if increasing concern for conveyancers carrying out conveyancing in Torquay. Plenty of people will acquire a property in Torquay, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not best placed to give advice on flood risk, however there are a numerous checks that can be carried out by the buyer or by their solicitors which should give them a better understanding of the risks in Torquay. The standard property information forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the vendor to determine whether the premises has ever been flooded. In the event that flooding has previously occurred and is not revealed by the vendor, then a buyer could commence a legal claim for losses as a result of such an incorrect reply. The purchaser’s conveyancers should also commission an enviro search. This will disclose whether there is a recorded flood risk. If so, additional inquiries should be conducted.

I used Stirling Law several years past for my conveyancing in Torquay. Now, I need the files however the law firm has closed. What do I do?

Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Torquay of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

What makes a Torquay lease defective?

Leasehold conveyancing in Torquay is not unique. All leases are drafted differently and drafting errors can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    Clauses dealing with recovering service charges for expenditure on the building or common parts.

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Chelsea Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.

Torquay Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

    Best to be warned if a new roof is being installed or some other significant cost is anticipated that will be shared amongst the leaseholders and may well materially impact the level of the maintenance fees or require a specific invoice. Are there any major works in the planning that will add a premium to the service charges? How much is the maintenance charge and ground rent on the property?

At what stage do I incur the Stamp Duty Land Tax chargeable for my purchase in Torquay?

The majority of lawyers tend to fill out a Land Transaction Return Form on your behalf as part of your Torquay conveyancing transaction for you to sign. On completion your lawyer will submit the STL Return Form to the Tax Authorities and - as long as they have the money - pay any land tax payable on your behalf.

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