Our Gwaelod Y Garth conveyancer has spotted an inconsistency between the assumptions in the valuation survey and what is in the title deeds. My lawyer has advised that he needs to check that the lender is happy with this discrepancy and is content to go ahead. Is my solicitor’s course or action appropriate?
Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am the registered owner of a freehold residence in Gwaelod Y Garth but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Gwaelod Y Garth and has limited impact for conveyancing in Gwaelod Y Garth 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 hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
I am selling my flat in Gwaelod Y Garth. Will my lawyer have to be on the Skipton conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the Skipton conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently in recent years.
I am assisting my sister sell her flat in Gwaelod Y Garth. Does the solicitor arrange an energy performance certificate or it is for me to coordinate?
Following the abolition of Home Packs, energy assessments was kept a required part of moving house. An energy assessment should be to hand before the property is advertised. This is not a task that conveyancers normally arrange. Where you are instructing a Gwaelod Y Garth conveyancing practitioner they may be able to arrange EPC’s given their relationships with long established local assessors
I have today made my last payment due on my mortgage with Nationwide. I assume I don't need a Gwaelod Y Garth property lawyer on the Nationwide panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nationwide 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 Nationwide mortgage from the register. Nationwide, 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 Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
I am selling my flat. I had a double glazing fitted in October 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Santander are being problematic. The Gwaelod Y Garth solicitor who is on the Santander conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Santander are insisting on a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?
It is probably the case that Santander have referred the matter to their valuer. The reason why Santander 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.
We are buying a property and the lawyer has referenced Chancel Repair for which the property may be liable given it’s proximity to the area of such a church. She has suggested insurance. Is this really necessary for conveyancing in Gwaelod Y Garth
Unless a prior acquisition of the house completed after 12 October 2013 you could take it that conveyancing practitioners carrying out conveyancing in Gwaelod Y Garth to continue to propose a a chancel search and or chancel repair liability policy.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a quick, no chain conveyancing. Gwaelod Y Garth is where the house is located. Is there any guidance you can impart?
Flying freeholds in Gwaelod Y Garth are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Gwaelod Y Garth you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Gwaelod Y Garth may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.