I am the registered owner of a freehold house in Pendlebury yet charged rent, why is this and what is this?
It is rare for properties in Pendlebury and has limited impact for conveyancing in Pendlebury 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 creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
When looking at online forums for an affordable solicitor in Pendlebury, many comment that I should use a CQS accredited solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in buying or selling property, trusted by some of the UK's biggest lenders. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). CQS is not a scheme offered by the Council of Licensed Conveyancing. Pendlebury is one of the numerous areas in England and Wales where there are Accredited solicitors.
I own a terraced Georgian house in Pendlebury. Conveyancing solicitor represented me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold under the exact same address. Is it worth asking Bank of Scotland to clarify?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Pendlebury and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with the conveyancing practitioner who conducted the purchase.
How does the Landlord & Tenant Act 1954 affect my commercial property in Pendlebury and how can you help?
The particular law that you refer to gives security of tenure to commercial tenants, granting the dueness to apply to court for a continuation of occupancy at the end of an expired lease. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and handle your commercial conveyancing in Pendlebury
My father-in-law has urged me to appoint his conveyancers in Pendlebury. Should I use them?
There are no two ways about it the best way to select a conveyancing solicitor is to get guidance from friends or family who have previously instructed the solicitor that you are contemplating using.
I am hoping to exchange soon on a leasehold property in Pendlebury. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Pendlebury should include some of the following:
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It needs to be made clear to you whether the lease permits you to add or improve anything in the premises- you should know whether any restrictions applies to all alterations or limited to structural alteration, and whether consent is required The unexpired lease term. You should receive guidance as what happens when the lease expires, and aware of the importance of the 80 year mark You should be advised what counts as a Nuisance in the lease Setting out your rights in relation to common areas in the block.E.G., does the lease permit a right of way over an accessway or hallways?
Pendlebury Leasehold Conveyancing - Sample of Questions you should ask before Purchasing
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Is there a share of the freehold? Many Pendlebury leasehold apartments will be liable to pay a service charge for the upkeep of the block invoiced by the landlord. Where you acquire the flat you will have to pay this amount, usually in instalments during the year. This could be anything from a few hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a ground rent for you to pay yearly, this is usually not a large figure, say approximately £50-£100 but you should to check it because occasionally it can be many hundreds of pounds. It is important to be aware whether fixing the lift or some other significant cost is due in the near future that will be shared amongst the leaseholders and could well materially impact the level of the service charges or result in a one off invoice.