I have given 8 weeks notice to my existing landlord and have to vacate my rented property in Banwell by the end of next month. Conveyancing on my purchase is progressing. Can I complete in a couple of weeks as don't want to have to find short term accommodation?
The normal practice is not to provide notice for your letting unless your lawyer suggests that you should. Assuming that you have not already done so, speak to your solicitor and ask them to they chase the owners lawyers, try to get a realistic time scale from them that everyone will aim towards
I am the registered owner of a freehold property in Banwell yet charged rent, why is this and what is this?
It is rare for properties in Banwell and has limited impact for conveyancing in Banwell 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 establishment of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
We are buying a terrace house in Banwell. Our aim is to carry out a loft conversion at the property.Will the conveyancing process involve enquiries to determine if these alterations are permitted?
Your solicitor will check the deeds as conveyancing in Banwell will sometimes reveal restrictions in the title documents which prohibit categories of changes or necessitated the consent of a 3rd party. Some extensions call for local authority planning permissions and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these things with a surveyor ahead of any purchase.
We previously chose conveyancing lawyers with offices in Banwell on the Nationwide solicitor panel. They have just invoiced me a supplemental amount for handling the Nationwide mortgage. Is this an additional conveyancing fee set by Nationwide?
Unfortunately, as long as it is in their Terms of Engagement or estimate then yes your conveyancing practitioner can charge a fee for this. This fee is not set by Nationwide but by your Banwell conveyancer. Some firms on the Nationwide panel will levy ’dealing with mortgage’ fee but plenty of firms include it on their overall fee.
We have agreed to purchase a house in Banwell. One unusual aspect is that the roof has a solar panel. Nottingham have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Nottingham your lawyer must check the formal requirements set out in Section 2 of UK Finance Lenders’ Handbook for Nottingham. The Council of Mortgage Lenders’ Handbook contains minimum specifications for solar panel roof-space leases, and solicitors are required to report to Nottingham where a lease does not satisfy these provisions. The conditions relate to the installation of panels on properties nationwide and is not isolated to Banwell.
Yesterday I discovered that there is a flying freehold element on a property I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Banwell is the location of the property. Is there any advice you can impart?
Flying freeholds in Banwell are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Banwell you would need to get your solicitor to go 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 Banwell 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.
I was pointed in your direction by three or four local estate agents in Banwell to locate a conveyancer on your site. What’s the financial advantage for Estate Agents to market your site ahead of a competitor’s?
We refuse to make any commission for directing people our way. We thought it would be too underhand to pay a commission because a client could think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
My step-mother completed her conveyancing in Banwell in 2008. She has since got married, divorced and has recently married again. She intends to market the house next moths. I believe she will simply be requested to provide a copy of the marriage certificates to the property lawyer but she is concerned it will hold up the house sale. Should she instruct a lawyer to update the title information for the house?
You are not required to bring up to date the register as long as you have the proof needed to show how the name change occurred.
The purchaser’s solicitor should check the land registry entries and request evidence by way of proof of the name change for example marriage certificates.