I am the registered owner of a freehold residence in St Anns but still pay rent, why is this and what is this?
It is rare 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 fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
I am considering applying for a Skipton mortgage for purchase of a new build (under development) in St Anns with 65 per cent LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Skipton ?
There is nothing to stop you using your solicitor, but Skipton will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
The mortgage over my property is with Clydesdale for my property in St Anns. Conveyancing was finalised some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Clydesdale?
Your original mortgage agreement with Clydesdale will provide that you need their approval before renting your property as this is likely to be a breach of Clydesdale’s mortgage conditions. It may be that Clydesdale will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Clydesdale directly. You need not do this via a Clydesdale conveyancing panel solicitor.
I am selling my house. I had a double glazing fitted in August 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Co-operative are being difficult. The St Anns solicitor who is on the Co-operative conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Co-operative are requiring a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative 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.
Barclays have agreed my home loan in principle, my bid on a flat in St Anns has been accepted, what happens next?
Your estate agent will want to know who your solicitors are (ensure that the property lawyers are on the lender’s approved list). Telephone Barclays or your financial adviser and complete any appropriate documentation. Barclays will appoint a valuer who will get in touch with the estate agent or vendor to arrange a slot for the valuation to happen. Once carried out (assuming no problems) it takes on average ten days for the mortgage offer to be issued. Barclays will issue the offer to you and your conveyancing practitioners. The transaction will then take it’s course according the nature and complexity of the conveyancing in St Anns.
I have recentlybeen informed that Action Conveyancing have closed. They carried out my conveyancing in St Anns for a purchase of a leasehold apartment 9 months ago. How can I be sure that my home is registered correctly in the name of the previous owner?
The easiest method to see if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of St Anns conveyancing specialists.
Due to the advice of my in-laws I had a survey completed on a house in St Anns before appointing lawyers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some lenders tend refuse to issue a loan on this type of premises.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. If you call us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in St Anns. Conveyancing will be smoother if you use a solicitor in St Anns especially if they are acquainted with such properties in St Anns.
Is it best to go with a St Anns conveyancing practitioner based in the area that I am buying? I have an old university friend who can carry out the conveyancing however her office is over three hundred kilometers away.
The benefit of a local St Anns conveyancing firm is that you can attend the office to execute paperwork, present your identification documents and pester them where appropriate. They will also have local knowledge which is a plus. That being said it's more important to get someone that will do a good and efficient job. If you know people who instructed your friend and in the main were happy that should trump using an unfamiliar St Anns conveyancing solicitor solely due to them being St Anns based.