I am helping my niece sell her house in Rawcliffe. Does the solicitor commission an energy performance certificate or it is for the seller to coordinate?
After the demise of HIPs, energy performance certificates was retained a mandatory component of moving house. An energy performance certificate needs to be commissioned before the property is marketed. This is not a task that lawyers normally organise. If you are using a Rawcliffe conveyancing lawyer they might be willing to arrange energy performance certificates given their relationships with long established Rawcliffe assessors
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Rawcliffe solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Rawcliffe postcode. As you are getting a mortgage with Coventry BS, you could contact them to see if they have a list of approved surveyors in Rawcliffe.
Kent Reliance have agreed my home loan in principle, my offer on a property in Rawcliffe has been accepted, now what?
The property agent will wish to know who your solicitors are (make sure the conveyancers are on the lender’s panel). Telephone Kent Reliance or your broker and complete any relevant forms. Kent Reliance will instruct a valuer who will get in contact with the selling agent or seller to schedule an appointment. Once conducted (assuming no problems) it takes on average a fortnight to get a mortgage offer. Kent Reliance will send the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Rawcliffe.
We are purchasing a house and the conveyancer has mentioned Chancel Repair for which the house may be obligated to contribute to as it falls into the area of such a church. She has recommended insurance. Is this strictly appropriate for conveyancing in Rawcliffe
Unless a prior acquisition of the premises took place post 12 October 2013 you could take it that conveyancing practitioners delivering conveyancing in Rawcliffe to remain recommending a chancel search and or insurance against a claim.
Me and my brother purchased a renovated Victorian house in Rawcliffe. Conveyancing lawyer represented me and Barclays . I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You need to read the Freehold register you have again and check the Charges Register for 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 Rawcliffe and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing practitioner who conducted the purchase.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a simple, no chain conveyancing. Rawcliffe is the location of the property. Can you shed any light on this issue?
Flying freeholds in Rawcliffe are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Rawcliffe 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 Rawcliffe may determine 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 residence.
How does the Landlord & Tenant Act 1954 affect my commercial property in Rawcliffe and how can your lawyers assist?
The 1954 Act provides a safeguard to commercial leaseholders, giving them the legal entitlement to make a request to court for a new tenancy and continue in occupation at the end of the lease term. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and help with commercial conveyancing in Rawcliffe
I am attracted to a two apartments in Rawcliffe both have about fifty years left on the lease term. Do I need to be concerned?
There are no two ways about it. A leasehold flat in Rawcliffe is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it reduces the salability of the premises. For most buyers and mortgage companies, leases with under 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Rawcliffe conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I invested in buying a 1 bedroom flat in Rawcliffe, conveyancing formalities finalised 9 years ago. Can you please calculate a probable premium for a statutory lease extension? Similar flats in Rawcliffe with a long lease are worth £197,000. The ground rent is £55 invoiced every year. The lease expires on 21st October 2082
With 56 years remaining on your lease we estimate the premium for your lease extension to be between £29,500 and £34,000 as well as professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.