My Willenhall conveyancer has uncovered a difference when comparing the assumptions in the home valuation survey and what is revealed within the conveyancing documents. My lawyer has advised that he must ensure that the bank is OK with this discrepancy and is content to go ahead. Is my solicitor’s stance appropriate?
Your lawyer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I purchased a freehold residence in Willenhall but still pay rent, why is this and what is this?
It is rare for properties in Willenhall and has limited impact for conveyancing in Willenhall 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 creation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
The deeds to my home can not be found. The conveyancers who did the conveyancing in Willenhall 5 years ago have long since closed. What are my next steps?
Assuming you have a registered title the details of your ownership will be held by the Land Registry with a Title Number. It is easy to conduct a search at the Land Registry, identify your house and get current copies of the property title for less than a fiver. Where the property is Leasehold then the Land Registry will also normally retain a certified copy of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
The estate agent has sent us the confirmation of our purchase of a new build flat in Willenhall. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Willenhall
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
In surfing the internet for the term on line conveyancing in Willenhall it brings up numerous property lawyerslocally. How do I determine which is the suitable solicitor for me?
The preferential method of choosing the right conveyancer is through a trusted testimonial, so ask friends and relatives who have acquired a property in Willenhall or a respected estate agent or mortgage broker. Charges for conveyancing in Willenhall vary, so it's advisable to secure a minimum of four estimates from varying types of property lawyers. Dont forget to clarify that the fees are fixed.
I have recently realised that I have 68 years unexpired on my lease in Willenhall. I now wish to get lease extension but my landlord is can not be found. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to locate the landlord. In some cases an enquiry agent may be helpful to try and locate and prepare an expert document which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court covering Willenhall.
Leasehold Conveyancing in Willenhall - Sample of Questions you should ask before buying
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It would be wise to discover as much as possible regarding the managing agents as they can either make living at the property much easier or problematic. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to day to day issues such as the tidiness of the communal areas. Enquire of prospective neighbours whether they are happy with their service. On a final note, be sure you know the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes. Are any of leasehold owners in dispute over their service charge payments?