I own a freehold premises in Carshalton but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in Carshalton and has limited impact for conveyancing in Carshalton 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.
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.
Have just purchased a probate house at auction in Carshalton. Conveyancing is necessary. What happens now?
Now that you have exchanged you now have to instruct a conveyancing lawyer quickly as you are faced with a tight a fixed date to complete the deal. An auction property should have a bespoke auction set of papers. This will likely include most,if not all of the paperwork that your conveyancer will need. Where you are dealing with leasehold premises the conveyancing pack should include a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to a leasehold property. You need to pass this on to your appointed conveyancing solicitor at the earliest opportunity. You also need to ensure that you have funds organised to complete the transaction on the set completion date.
Two weeks ago we had a mortgage agreed in principle with Clydesdale. Carshalton conveyancing solicitors are appointed. How long does it take for Clydesdale to issue the offer to the conveyancer?
There is no definitive answer here. Have Clydesdale conducted the survey? Have you advised Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have decided to exercise my right to buy my property in Carshalton off the council. I have a mortgage agreed with Yorkshire BS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
About to purchase a new build flat in Carshalton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Carshalton
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
Do I need to be wary about 3rd parties that I am dealing with are encouraging me to use an internet conveyancing firm rather than a High Street Carshalton conveyancing practice?
As with many service providers, often referrals from relatives can be extremely useful or valuable. Nevertheless there are lots of parties with a keen interest in a conveyancing matter; estate agents, mortgage brokers and lenders might all suggest conveyancers to choose. On occasion the solicitors might be known to one of the organisations as one of the best in their field, but occasionally there is an underlying commercial relationship behind the recommendation. You have the right to appoint your preferred conveyancer. Don't forget that the majority of banks specify a panel list of solicitors you have to use for the mortgage aspect of your home move.
My husband and I are novice buyers - had an offer accepted, yet the selling agent told us that the owners will only go ahead if we appoint the agent's preferred lawyers as they need a ‘quick sale’. We would rather use a high street solicitor who is accustomed to conveyancing in Carshalton
It is unlikely the sellers are behind this. Should the vendor desire ‘a quick sale', turning down a genuine purchaser is likely to cause more damage than good. Contact the vendors directly and make sure they understand (a)you are keen to buy (b)you are ready to progress, with finances arranged © you do not need to sell (d) you wish to move quickly (e)but you will continue to instruct your preferred Carshalton conveyancing lawyers - not the ones that will provide their negotiator at the agency a introducer fee or meet his conveyancing targets pre-set by senior management.
I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Carshalton. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?
The majority of houses in Carshalton are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Carshalton in which case you should be shopping around for a Carshalton conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your lawyer will appraise you on the various issues.