Last January we completed a house move in Bexhill. We have noticed several problems with the house which we suspect were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been carried out as part of conveyancing in Bexhill?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Bexhill. Conveyancing searches and investigations initiated as part of the buying process are carried out to help avoid problems. As part of the process, a seller answers a document called a Seller’s Property Information Form. answers turns out to be incorrect, you could possibly take legal action against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Bexhill.
I purchased a freehold premises in Bexhill but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Bexhill and has limited impact for conveyancing in Bexhill 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 many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
I am helping my niece sell her flat in Bexhill. Does the conveyancer commission the EPC or it is for me to coordinate?
After the abolition of Home Information Packs, energy performance certificates remained a mandatory element of selling a house. An EPC must be to hand before the property is advertised. It is not something that conveyancers normally arrange. If you are using a Bexhill conveyancing solicitor they may be able to arrange energy performance certificates due to their contacts with long established local assessors
I'm at the point of viewing apartments in Bexhill and I am now considering a potential offer. Is it too early to have a solicitor in place? I am planning to take a home loan with Kent Reliance.
It would be prudent to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are seeking a mortgage with Kent Reliance, make sure you remember to check that your lawyer is on the Kent Reliance conveyancing panel.
I am due to exchange contracts on my apartment. I had a double glazing fitted in December 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, TSB are being problematic. The Bexhill solicitor who is on the TSB conveyancing panel is saying indemnity insurance will be fine but TSB are insisting on a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?
It is probably the case that TSB have referred the matter to their valuer. The reason why TSB may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I decided to have a survey done on a house in Bexhill in advance of instructing conveyancers. I have been told that there is a flying freehold element to the property. Our surveyor has said that some lenders may refuse to give a loan on this type of house.
It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Bexhill. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Bexhill to see if the conveyancing costs will increase in light of this.
How can the Landlord & Tenant Act 1954 affect my commercial offices in Bexhill and how can you help?
The particular law that you refer to gives security of tenure to commercial lessees, giving them the a statutory right to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Bexhill is one of the hundreds of locations in which the firms we work with are based
Due to complete next month on a leasehold property in Bexhill. Conveyancing lawyers have said that they report fully on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Bexhill should include some of the following:
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You should have a good understanding of the building insurance requirements Are you allowed to have a pet in the flat? You need to be informed what counts as a Nuisance in the lease Repair and maintenance of the premises
Bexhill Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
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Does the lease contain onerous restrictions? Where a Bexhill lease has less than 80 years it will impact the value of the property. Check with your mortgage company that they are happy with residual term of the lease. A short lease means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you will need to own the property for 24 months in order to be eligible to exercise a lease extension.