I own a freehold house in Wolverhampton but nevertheless invoiced for rent, why is this and what is this?

It’s unusual for properties in Wolverhampton and has limited impact for conveyancing in Wolverhampton 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 date back hundreds of years, but the Rent Charge Act 1977 barred the creation 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 after 2037 will be extinguished.

I am assisting my sister sell her flat in Wolverhampton. Will the solicitor arrange an energy assessment or should I organise this?

After the abolition of Home Information Packs, energy performance certificates was maintained a mandatory component of selling a property. An energy performance certificate should be to hand before the property is advertised. It is not a task that law firms normally organise. Where you are instructing a Wolverhampton conveyancing solicitor they may help arrange energy performance certificates given their contacts with long established local accredited person

I happen to be the sole recipient of my late father’s estate with all property in now in my sole name, including the my former home in Wolverhampton. The Wolverhampton property was put into my name in June. I now wish to sell up. I do know about the CML six month 'rule', meaning my property ownership will be treated the same way as if I'd bought the property in June. Will no one buy the property for half a year?

The CML handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. Some lenders would take a pragmatic view as this clause is chiefly there to capture subsales or the wholesaling and assigning of properties.

My husband and I have organised a further advance on our home loan from HSBC as we wish to carry out a loft conversion to our property in Wolverhampton. Do we need to appoint a bricks and mortar Wolverhampton solicitor on the HSBC conveyancing panel to handle the legals?

HSBC don't usually appoint firms on their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the HSBC conveyancing panel.

How does conveyancing in Wolverhampton differ for new build properties?

Most buyers of new build property in Wolverhampton contact us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is constructed. This is because builders in Wolverhampton typically acquire the real estate, 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 conveyancing solicitors 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 Wolverhampton or who has acted in the same development.

I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Wolverhampton is where the house is located. What do you suggest?

Flying freeholds in Wolverhampton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Wolverhampton you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Wolverhampton may determine 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 residence.

I work for a long established estate agent office in Wolverhampton where we have experienced a few leasehold sales put at risk as a result of short leases. I have received contradictory information from local Wolverhampton conveyancing firms. Could you shed some light as to whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Leasehold Conveyancing in Wolverhampton - Sample of Questions you should consider Prior to Purchasing

What restrictions are there in the Wolverhampton Lease? The best form of lease arrangement is if the freehold interest is owned by the leaseholders. In this situation the tenants enjoy control and even though a managing agent is often employed where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Be sure to find out if there are any onerous prohibitions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Wolverhampton. If you love the propertyin Wolverhampton yet your cat is not allowed to make the move with you then you will be presented with a hard determination.