I am the registered owner of a freehold premises in Strawberry Hill yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Strawberry Hill and has limited impact for conveyancing in Strawberry Hill 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 date back hundreds of years, but the Rent Charge Act 1977 barred the generation of new 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 extinguished.
Will our lawyer be asking questions concerning flooding as part of the conveyancing in Strawberry Hill.
Flooding is a growing risk for conveyancers specialising in conveyancing in Strawberry Hill. There are those who buy a house in Strawberry Hill, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to impart advice on flood risk, however there are a various searches that may be carried out by the buyer or by their solicitors which can figure out the risks in Strawberry Hill. The conventional set of information supplied to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to discover whether the premises has ever been flooded. If the residence has been flooded in past which is not disclosed by the vendor, then a buyer could issue a compensation claim as a result of such an incorrect response. The purchaser’s conveyancers will also conduct an environmental search. This will reveal if there is a recorded flood risk. If so, more detailed investigations should be initiated.
How does conveyancing in Strawberry Hill differ for new build properties?
Most buyers of new build residence in Strawberry Hill contact us having been asked by the seller to sign contracts and commit to the purchase even before the house is built. This is because developers in Strawberry Hill usually purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Strawberry Hill or who has acted in the same development.
I opted to have a survey done on a property in Strawberry Hill in advance of appointing lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some mortgage companies tend not give a mortgage on a flying freehold property.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Strawberry Hill. Conveyancing will be smoother if you use a solicitor in Strawberry Hill especially if they are accustomed to such properties in Strawberry Hill.
In my capacity as executor for the will of my aunt I am disposing of a property in Monmouth but reside in Strawberry Hill. My lawyer (approximately 260 miles awayrequires that I sign a statutory declaration before the transaction finalising. Can you recommend a conveyancing lawyer in Strawberry Hill to attest and place their company stamp on the document?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are located in Strawberry Hill
Last February I purchased a leasehold property in Strawberry Hill. Am I liable to pay service charges relating to a period prior to my ownership?
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).
I have had difficulty in trying to purchase the freehold in Strawberry Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to determine the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Strawberry Hill flat is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The remaining number of years on the lease was 60.45 years.