My partner and I changing mortgage lender for our maisonette in Bredon with Bank of Ireland. We have a son 19 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the Bank of Ireland conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Bank of Ireland. This is solely used to protect Bank of Ireland if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Bank of Ireland had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I am the registered owner of a freehold property in Bredon but still pay rent, why is this and what is this?
It’s unusual for properties in Bredon and has limited impact for conveyancing in Bredon 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 generation of new 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 in 2037 is to be extinguished.
How does conveyancing in Bredon differ for newly converted properties?
Most buyers of new build residence in Bredon contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is completed. This is because builders in Bredon usually acquire the site, 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 Bredon or who has acted in the same development.
I have been on the look out for a flat up to £245,000 and identified one close by in Bredon I like with open areas and transport links in the vicinity, however it only has 52 years on the lease. There is not much else in Bredon in this price bracket, so just wondered if I would be making a grave error buying a lease with such few years left?
If you require a home loan the shortness of the lease will likely be problematic. Reduce the price by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for at least 2 years you could request that they commence the lease extension formalities and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.
Do you have any top tips for leasehold conveyancing in Bredon from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Bredon can be bypassed where you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers’ lawyers. If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Bredon state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you fail to have the approvals to hand do not contact the landlord without checking with your conveyancer in the first instance. You may think that you are aware of the number of years left on your lease but you should verify this by asking your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is less than 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale. The majority of landlords or Management Companies in Bredon levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Bredon.
Bredon Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
-
Who is in charge of the building? Most Bredon leasehold apartments will be liable to pay a service bill for the upkeep of the block levied on behalf of the freeholder. Should you buy the property you will have to pay this liability, normally quarterly accross the year. This can differ from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a ground rent for you to pay annual, this is usually not a significant sum, say approximately £25-£75 but you need to check it because on occasion it could be surprisingly expensive. How much is the annual maintenance fee and ground rent?
We recently found out that one of the directors of the conveyancing practice handling the purchase conveyancing in Bredon is a relative of the vendor. Is this permitted?
On the basis that there is no conflict of interest this is allowable. Where you are obtaining mortgage finance then the bank may have a say as many lenders have specific instructions on this. For example for Chelsea Building Society as of 23/7/2025, the requirements read as follows :
* there is no conflict of interest and none arises during the transaction
* the firm is a partnership
* the conveyancer acting is not the borrower or a member of the borrower's immediate family.