Our grandson is in the process of securing a house that has just been built in Westhoughton with a mortgage from RBS. His solicitor has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The form is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the RBS conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the RBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

I own a freehold premises in Westhoughton but nevertheless charged rent, why is this and what is this?

It is rare for properties in Westhoughton and has limited impact for conveyancing in Westhoughton 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 generation of fresh rentcharges post 1977.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

Do the Building Society Association intend to launch a online directory to to identify practices on the Loughborough BS conveyancing panel for example in Westhoughton?

We would not expect to be advised of any plans on the part of the BSA to develop such a tool.

How does conveyancing in Westhoughton differ for newly converted properties?

Most buyers of new build residence in Westhoughton come to us having been asked by the builder to sign contracts and commit to the purchase even before the premises is completed. This is because house builders in Westhoughton typically buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Westhoughton or who has acted in the same development.

My wife and I purchased a leasehold house in Westhoughton. Conveyancing and Bank of Ireland mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Westhoughton who previously acted has now retired. Do I pay?

First contact HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to instruct a Westhoughton conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Westhoughton Leasehold Conveyancing - A selection of Questions you should ask before buying

Is the freehold reversion owned jointly by the leaseholders? Does the lease have in excess of 90 years left? Who are the managing agents?