I have given 2 months notice to my current landlord and must leave my rented apartment in South Oxhey by the end of next month. Conveyancing for my house purchase is underway. Is it possible to complete in 4 weeks as I wish to avoid having to move into short term accommodation?
Generally one should not provide notice on a rental until exchange of contracts has taken place. Assuming that you have not previously done so, notify to your conveyancer and request that they seek the assistance the owners lawyers, try to get a realistic time scale from them that everyone will aim to achieve
I purchased a freehold house in South Oxhey but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in South Oxhey and has limited impact for conveyancing in South Oxhey 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 redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
My property lawyer in South Oxhey is not listed on the The Mortgage Works Solicitor Panel. Can I still use my prefered solicitor notwithstanding that they are not on the The Mortgage Works panel?
Your options are as follows:
- Complete the purchase with your preferred South Oxhey solicitors but The Mortgage Works will need to instruct a lawyer on their panel. This will result in additional total legal charges as well as result in frustration.
- Find a new lawyer to to deal with the conveyancing, obviously checking they are Persuade your conveyancer to do everything within their powers to join the The Mortgage Works conveyancing panel
Are there restrictive covenants that are commonly picked up as part of conveyancing in South Oxhey?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in South Oxhey. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I own a leasehold house in South Oxhey. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in South Oxhey who acted for me is not around. Do I pay?
First make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a South Oxhey conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
After years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in South Oxhey. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We can put you in touch with a South Oxhey conveyancing firm who can help.
An example of a Lease Extension decision for a South Oxhey premises is Flats 8, 11 and 15 Craigmore Court 46 Murray Road in December 2013. The tribunal held that the price payable by the Applicant tenant of Flat 8 to acquire an extended lease shall be £26,438 plus £1 to the intermediate lessee . The tribunal held that the price payable by the Applicant tenants of Flat 11 to acquire an extended lease shall be £26,791 plus £1 to the intermediate lessee. The tribunal held that the price payable by the Applicant tenant of Flat 15 to acquire an extended lease shall be £26,638 plus £1 to the intermediate lessee . This case affected 3 flats. The number of years remaining on the existing lease(s) was 71 years.
At what point do I incur stamp duty chargeable for my conveyancing in South Oxhey?
The lawyer should fill out a Land Transaction Return Form for you as part of your South Oxhey conveyancing transaction for you to sign. On completion your conveyancer will submit your STL Return Form to the Inland Revenue and - assuming they have the money - discharge any tax bill liability on your behalf.