I own a freehold premises in Trefnant but still pay rent, why is this and what is this?
It is rare for properties in Trefnant and has limited impact for conveyancing in Trefnant 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 establishment of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
Have just purchased a probate house at auction in Trefnant. Conveyancing is required. What is next?
Having exchanged you should hire the services of a conveyancing solicitor quickly as you will have a fast approaching a drop dead date to complete the transaction. All auction property will ordinarily have an associated auction set of papers. This should include most,if not all of the documents that your solicitor requires. Where you are dealing with leasehold property the legal pack should contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork specific to a leasehold property. You must pass this on to your appointed conveyancing solicitor ASAP. Do make sure that you have funds organised to complete the transaction on the set completion date.
I am purchasing a property in Trefnant. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Aldermore be concerned?
Given that you are obtaining a mortgage with Aldermore your lawyer must follow the formal requirements contained in Section 2 of UK Finance Lenders’ Handbook for Aldermore. The Council of Mortgage Lenders’ Handbook sets out minimum conditions for solar panel roof-space leases, and property lawyers are required to report to Aldermore where a lease fails to satisfy these specifications. The conditions relate to the installation of panels on properties in England and Wales and is not isolated to Trefnant.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Trefnant solicitor - who is on the Aldermore conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Trefnant surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
We are selling our home in Trefnant and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A local conveyancer would know this is not the case. It does beg the question why the buyers instructed a national conveyancing practice rather than a conveyancing solicitor in Trefnant. Having lived in Trefnant for many years we know of no issue. Should we contact our local Authority to get clarification that there is no issue.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
Are there restrictive covenants that are commonly identified as part of conveyancing in Trefnant?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Trefnant. 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…’
How does conveyancing in Trefnant differ for newly converted properties?
Most buyers of new build residence in Trefnant approach us having been asked by the builder to sign contracts and commit to the purchase even before the house is completed. This is because builders in Trefnant typically purchase the site, 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 Trefnant or who has acted in the same development.
There are only Fifty years unexpired on my lease in Trefnant. I need to get lease extension but my landlord is missing. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases an enquiry agent would be helpful to carry out a search and to produce an expert document which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Trefnant.
Trefnant Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing
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How many of the leaseholders are in arrears for their service charge payments? Is anyone aware of any major works on the horizon that could add a premium to the service costs? How much is the maintenance charge and ground rent on the flat?