I purchased a freehold premises in Brentwood but still pay rent, why is this and what is this?
It is rare for properties in Brentwood and has limited impact for conveyancing in Brentwood 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 many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
Various internet forums that I have visited warn that are the main reason for obstruction in Brentwood house deals. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the determinations of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances in the conveyancing process. Local searches are not likely to be the root cause of slowing down conveyancing in Brentwood.
I am looking for a flat up to £245,000 and identified one round the corner in Brentwood I like with a park and station nearby, the downside is that it only has 61 years on the lease. There is not much else in Brentwood for this price, so just wondered if I would be making a mistake purchasing a short lease?
If you require a home loan the shortness of the lease may be problematic. Discount the price by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of 2 years you may request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.
We're new on the property ladder - had an offer accepted, yet the property agent advised that the seller will only go ahead if we instruct their preferred conveyancers as they want a ‘quick sale’. Our preferred option is to instruct a local conveyancer accustomed to conveyancing in Brentwood
It is improbable the owners are behind this. If they want ‘a quick sale', turning down a motivated buyer is counter productive. Speak to the owners direct and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with finances in place © you are unencumbered (d) you wish to move quickly (e)however you will continue to use your own,trusted Brentwood conveyancing firm - rather thanthose that will give the negotiator at the agency a referral fee or meet his conveyancing thresholds pre-set by head office.
Having checked my lease I have discovered that there are only Sixty One years left on my flat in Brentwood. I am keen to get lease extension but my freeholder is absent. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the freeholder. On the whole a specialist should be helpful to try and locate and to produce an expert document which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court covering Brentwood.
My wife and I have hit a brick wall in trying to purchase the freehold in Brentwood. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most certainly. We are happy to put you in touch with a Brentwood conveyancing firm who can help.
An example of a Lease Extension case for a Brentwood flat is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The unexpired term as at the valuation date was 57.5 years.
Should one remove a deceased person's details from the title register for a house in Brentwood?
Where a Brentwood property is co-owned and one of the proprietors passes away, the name will not automatically be removed from the title deeds. You are not required to amend the title as in the event of a disposal you would simply need to evidence why the other proprietor is missing from the contract, such as a grant of probate.
With a view to making the sale conveyancing smoother for the sale of the property you can apply to have the deceased party erased from the title register by submitting an application to HM Land Registry with evidence of the death. There is no land registry fee payable.