I am the registered owner of a freehold residence in Enfield Highway but still pay rent, why is this and what is this?
It is rare for properties in Enfield Highway and has limited impact for conveyancing in Enfield Highway 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 establishment of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
I have a mortgage with Coventry BS for my property in Enfield Highway. Conveyancing has been completed 12 months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Coventry BS?
Coventry BS must be informed of your intention prior to letting out your property as this is likely to be a breach of Coventry BS’s mortgage conditions. It may be that Coventry BS will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Coventry BS directly. You need not do this via a Coventry BS conveyancing panel firm.
After months of negotiation I have agreed a price on a house in Enfield Highway. My financial adviser recommended their conveyancers. I paid an advanced payment of £175. A few days later, the lawyer called me sheepishly admitting that they were not on the Skipton conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Skipton panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am selling my apartment. I had a double glazing fitted in July 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, UBS are being difficult. The Enfield Highway solicitor who is on the UBS conveyancing panel is recommending indemnity insurance as a solution but UBS are insisting on a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that UBS have referred the matter to their valuer. The reason why UBS 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 require quick conveyancing in Enfield Highway as I am faced with pressure to complete within one month. Luckily I do not require a mortgage. Can I avoid the conveyancing searches to save fees and time?
As you are not obtaining a mortgage you are at free not to do searches although no solicitor would advise that you don't. Drawing on years of experience of conveyancing in Enfield Highway the following are instances of issues that can crop up and adversely affect the marketability of the property: Enforcement Notices, Overdue Charges, Overdue Grants, Railway Schemes,...
How does conveyancing in Enfield Highway differ for new build properties?
Most buyers of new build or newly converted property in Enfield Highway contact us having been asked by the seller to sign contracts and commit to the purchase even before the residence is constructed. This is because house builders in Enfield Highway typically 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 property lawyers 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 Enfield Highway or who has acted in the same development.
I am looking for a leasehold apartment up to £245,000 and found one round the corner in Enfield Highway I like with amenity areas and transport links nearby, however it's only got 61 years unexpired on the lease. There is not much else in Enfield Highway in this price bracket, so just wondered if I would be making a mistake acquiring a short lease?
If you need a home loan that many years may be an issue. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the premises for at least 2 years you can ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer concerning this.
I am on look out for some leasehold conveyancing in Enfield Highway. Before diving in I want to be sure as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and almost all are in Enfield Highway - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a Enfield Highway conveyancing firm to help?
Where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the price.
An example of a Vesting Order and Purchase of freehold case for a Enfield Highway premises is Ground Floor Flat 4A Baronet Road in February 2010. Following a vesting order by Edmonton County Court on 23rd December 2008 (case number 8ED064) the Tribunal decided that the price that the Applicant for the freehold interest should pay is £8,689.00 This case was in relation to 2 flats. The unexpired term was 80.01 years.