I am the registered owner of a freehold house in Byfleet yet charged rent, why is this and what is this?
It’s unusual for properties in Byfleet and has limited impact for conveyancing in Byfleet 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 creation of fresh rentcharges post 1977.
Old 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 extinguished.
I am buying a terrace house in Byfleet. We would like to convert the garage to a playroom at the house.Will legal conveyancing on the property involve enquiries to see if these works are permitted?
Your property lawyer will check the registered title as conveyancing in Byfleet will sometimes reveal restrictions in the title deeds which prohibit categories of works or require the permission of another owner. Many additions call for local authority planning consent and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these issues with a surveyor prior to committing yourself to a purchase.
I have today made my last payment due on my mortgage with Skipton. I assume I don't need a Byfleet solicitor on the Skipton panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Skipton mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Skipton mortgage from the register. Skipton, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Skipton has sent the Land Registry the discharge electronically, and
- Skipton has instructed the Land Registry to do so
I can not fathom if my mortgage offer requires a lease extension. I have telephoned my Byfleet bank branch on a couple of occasions and was told they are content with the situation and they will lend. My Byfleet conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend in accordance with their published requirements. I simply don't know who is right.
As long as the property lawyer is on the bank panel, she or he must adhere to the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I completed on my flat on 14 October and my personal details is not yet registered. Need I be worried? My conveyancing solicitor in Byfleet said it will be registered inside ten days. Are transfers in Byfleet particularly slow to register?
There is nothing unique when it comes to conveyancing in Byfleet registration formalities. Rather than based on location, timeframes can vary depending on who lodges the application, whether it is in order and whether the Land registry need to notify any 3rd parties. As of today in the region of 80% of such applications are completed in less than three weeks but occasionally there can be longer delays. Registration is effected after the purchaser has moved in to the premises therefore 'speed' is not always primary concern but where there is a degree of urgency associated with the registration then you or your solicitor must contact the land registry and explain the circumstances.
I decided to have a survey completed on a house in Byfleet ahead of retaining conveyancers. I have been informed that there is a flying freehold aspect to the house. Our surveyor has said that some lenders may refuse to give a mortgage on such a house.
It varies from the lender to lender. Santander has different instructions for example to Halifax. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Byfleet. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way does the Landlord & Tenant Act 1954 affect my commercial offices in Byfleet and how can your lawyers assist?
The 1954 Act provides a safeguard to commercial leaseholders, giving them the legal entitlement to make a request to court for a continuation of occupancy at the end of an expired lease. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Byfleet is one of the hundreds of areas of the UK in which the firms we work with have offices
I am thinking of appointing a conveyancing lawyer in Byfleet for my home move. Can I see a solicitor's record with the profession’s regulator?
Members of the public may review presented Solicitor Regulator Association (SRA) decisions stemming from investigations started on or after Jan 2008. Go to Check a solicitor's record. For details about the period before 1 January 2008, or to check a solicitors record, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, call +44 (0)121 329 6800. The regulator sometimes recorded call for training purposes.