I am the registered owner of a freehold property in Hartford yet pay rent, why is this and what is this?
It’s unusual for properties in Hartford and has limited impact for conveyancing in Hartford 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 establishment 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 in 2037 will be dispensed with completely.
We're in Hartford, FTBs buying with a mortgage (lender is Virgin Money , and our lawyer is on the Virgin Money conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Virgin Money conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
We are getting the release of further monies on our mortgage from TSB as we intend to conduct a loft conversion to our home in Hartford. Are we obliged to appoint a bricks and mortar Hartford solicitor on the TSB conveyancing panel to handle the legals?
TSB would not normally require firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the TSB list.
I can not work out if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Hartford bank branch on various occasions and was reassured it wasn't an issue and they would lend. My Hartford conveyancing solicitor - who is on the bank conveyancing panel- called and was told they refuse to lend in accordance with their published requirements. I have no idea who is right.
Provided that the solicitor is on the bank approved list, they must follow the CML Handbook requirements 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.
About to purchase house in Hartford. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Skipton conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Hartford conveyancing practitioner is on the Skipton conveyancing panel.
I used Arc property Solicitors a few years past for my conveyancing in Hartford. Now, I need the documents but cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Hartford of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am looking for a flat up to £245,000 and identified one round the corner in Hartford I like with a park and transport links in the vicinity, however it's only got 51 years unexpired on the lease. There is not much else in Hartford suitable, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you need a mortgage that many years may be problematic. Discount the price by the amount the lease extension will cost if not already taken into account. If the existing owner has owned the property for at least 2 years you can ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the current lease with a zero ground rent applied. You should consult your conveyancing lawyer concerning this.
Are there common deficiencies that you come across in leases for Hartford properties?
There is nothing unique about leasehold conveyancing in Hartford. Most leases are drafted differently and drafting errors can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:
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Insurance obligations Repairing obligations to or maintain parts of the property
A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Barnsley Building Society, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.
Hartford Leasehold Conveyancing - Examples of Queries before Purchasing
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Please tell me if there are any major works in the planning that could increase the service fees? This information is important as a) areas could result in problems in the building as the communal areas may begin to deteriorate if maintenance are not paid for b) if the leaseholders have an issue with the running of the building you will want to have all the details