I purchased a freehold premises in St Anns but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in St Anns and has limited impact for conveyancing in St Anns 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 new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
We had appointed solicitors with offices in St Anns on the Bank of Ireland solicitor panel. They have just invoiced me a supplemental amount for handling the Bank of Ireland mortgage. Is this a supplemental conveyancing fee specified by Bank of Ireland?
Provided it is contained in their Terms of Engagement or estimate then yes your conveyancing practitioner can levy a fee for this. The fee is not dictated by Bank of Ireland but by your St Anns lawyer. Plenty of firms on the Bank of Ireland panel will quote ’dealing with mortgage’ fee and others do not.
My fiancee and I are in the process of viewing apartments in St Anns and I am now considering a potential offer. Should I already have a lawyer appointed at this point? I intend to finance via a home loan with Leeds Building Society.
It would be wise to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the selling agent. As you are obtaining a mortgage with Leeds Building Society, make sure you remember to check that your lawyer is on the Leeds Building Society conveyancing panel.
It is not clear whether my bank requires a lease extension. I have telephoned my St Anns building society branch on various occasions and was advised it wasn't an issue and they would lend. My St Anns conveyancing solicitor - who is on the lender conveyancing panel- called and was told they refuse to lend based on their published requirements. Who do I believe?
The lawyer must follow the Council of Mortgage Lenders’ Handbook Part 2 specifications for your bank. 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 lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
What will a local search inform me about the house my wife and I buying in St Anns?
St Anns conveyancing often commences with the submitting local authority searches directly from your local Authority or via a personal search company for instance Onsearch The local search is essential in every St Anns conveyancing purchase; that is if you don’t want any unpleasant surprises after you move into your property. The search will supply data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
Are there restrictive covenants that are commonly identified as part of conveyancing in St Anns?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in St Anns. 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…’
Last December I purchased a leasehold house in St Anns. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in St Anns - Examples of Queries Prior to Purchasing
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Many St Anns leasehold apartments will have a service charge for maintenance of the building set by the freeholder. Where you acquire the apartment you will have to meet this contribution, normally quarterly accross the year. This can be anything from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a ground rent to be met annual, ordinarily this is not a significant amount, say approximately £50-£100 but you need to enquire it because occasionally it could be surprisingly expensive. Please inform me if there are any major works on the horizon that could increase the maintenance fees? Best to be warned if window replacement or some other significant cost is due shortly that will be shared by the leaseholders and will materially impact the level of the maintenance costs or require a one time invoice.
Do online conveyancing companies do everything a local St Anns solicitor does or do I still need to employ a solicitor for the final stages for my conveyancing in St Anns?
Where you use an online conveyancer they should undertake all the tasks your St Anns solicitor would cover.