I purchased a freehold residence in Totterdown but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Totterdown and has limited impact for conveyancing in Totterdown 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 generation 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 after 2037 will be extinguished.
My brother-in-law has suggested I instruct a conveyancing solicitor in Totterdown. I I am struggling to find out whether they are accepted on the Britannia approved list of lawyers. Could you advise?
The first thing you should do is call your lawyer and ask them whether they can act for the bank. Alternatively you should get in touch with Britannia who may be able to confirm.
Despite weeks of looking the Title Certificate and documents to my house are lost. The solicitors who conducted the conveyancing in Totterdown 5 years ago no longer exist. Will I be able to sell the house?
Assuming you have a registered title the details of your proprietorship will be documented by HMLR under a Title Number. It is possible to perform a search at the Land Registry, find your house and get up to date copies of the Registered Entries for a small fee. If the property is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
I am buying a new build house in Totterdown benefiting from help to buy. The builders refused to reduce the price so I negotiated 6k of fixtures and fittings instead. The house builders rep advised me not reveal to my solicitor about this deal as it would put at risk my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Am I best advised to instruct a Totterdown conveyancing practitioner who is local to the property I am purchasing? I have an old university friend who can carry out the legal work however her office is 400kilometers drive away.
The primary upside of using a local Totterdown conveyancing firm is that you can attend the office to execute paperwork, present your ID and apply pressure on them if necessary. They will also have local insight which is a bonus. However nothing is more important than finding someone that will do a good and efficient job. If other friends have instructed your friend and in the main were happy that should outweigh using an unfamiliar Totterdown conveyancing lawyer solely due to them being based in the area.
Helen (my wife) and I may need to rent out our Totterdown garden flat for a while due to taking a sabbatical. We instructed a Totterdown conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
Even though your last Totterdown conveyancing solicitor is no longer around you can review your lease to check if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.
Leasehold Conveyancing in Totterdown - A selection of Questions you should consider before Purchasing
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Are any of leasehold owners in dispute over their service charge liability? For most Totterdown leaseholds the outlay for major works are not built into the maintenance charges, albeit that there some managing agents in Totterdown obliged leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.