I own a freehold property in Kent yet invoiced for rent, why is this and what is this?
It is rare for properties in Kent and has limited impact for conveyancing in Kent 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 fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
I have paid off my mortgage with Lloyds. I assume I don't need a Kent lawyer on the Lloyds panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Kent building society branch on a couple of occasions and was advised it wasn't an issue and they will lend. My Kent conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your conveyancing practitioner must comply with the CML Handbook Part 2 provisions for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 left on the lease.
I am due to exchange contracts on my house. I had a double glazing fitted in November 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Santander are being a right pain. The Kent 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 solicitor has identified Chancel Repair to which the property may be obligated to pay given it’s proximity to the area of such a church. She has recommended insurance. Is this strictly required for conveyancing in Kent
Unless a prior acquisition of the property completed after 12 October 2013 you could expect conveyancing practitioners conducting conveyancing in Kent to remain recommending a chancel search and or chancel repair liability policy.
I bought my flat on 13 May and the transaction details is yet to be registered. Any reason for this? My conveyancing solicitor in Kent said it would be dealt with in less than a month. Are transfers in Kent uniquely lengthy to register?
There is nothing unique about conveyancing in Kent registration formalities. As opposed to being determined by geographic area, timescales can differ depending on who lodges the application, whether it is in order and if the Land registry need to notify any interested persons or bodies. As of today roughly three quarters of submission are fully addressed in less than three weeks but some can be subject to extensive hold-ups. Registration occurs once the new owner has moved in to the premises so registration formalities is not typically primary concern yet where there is a degree of urgency associated with the registration then you or your conveyancer should speak with the land registry and explain the circumstances.
My business partner and I are hoping to take an assignment of a lease of a shop on a shopping parade. Can you recommend solicitors offering no-move-no charges for non-domestic conveyancing in Kent for below 2k?
We can recommend firms who have an in-depth of experience of commercial conveyancing in Kent, including the sale and purchase of businesses as well as simply property. If you are looking to purchase or lease a shop, pub, restaurant, office, retail premises or a whole business we will put you in touch with the right solicitor. Regarding the costs this will depend on the structure and terms of the deal. Let us have your contact information or phone so as to enable us to provide you with comprehensive commercial conveyancing calculation.
I have been recommended a conveyancing solicitor in Kent. I need to find out if they are listed on the lender's approved list of lawyers. Could you assist?
It’s a good idea phone the solicitor and ask them if they are on the lender's panel. If that does not help call us and we can make some checks for you. Should the firm not be on the lender panel we we can help find a specialist conveyancing solicitor in Kent on the panel for your lender.