I am the registered owner of a freehold property in Woodlands but still pay rent, why is this and what is this?
It is rare for properties in Woodlands and has limited impact for conveyancing in Woodlands 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 generation 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 after 2037 will be dispensed with completely.
I am helping my mother sell her house in Woodlands. Does the conveyancer arrange the energy performance certificate or it is for the owner to coordinate?
After the demise of HIPs, EPC’s was maintained a compulsory element of moving property. An energy assessment needs to be to hand in advance of the property being advertised. This is not a task that law firms ordinarily organise. If you are using a Woodlands conveyancing practitioner they might be willing to arrange energy assessments due to their relationships with long established Woodlands energy assessors
My wife and I are in the throws of viewing flats in Woodlands and I am now considering a potential offer. Is it sensible to have my lawyer on ‘stand by’? I intend to finance via a mortgage with Bank of Ireland.
It would be advisable to instigate your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. Given that you are taking out a mortgage with Bank of Ireland, ask your prospective lawyers if they are on the Bank of Ireland conveyancing panel otherwise they can't do the mortgage legal work.
I've digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Woodlands solicitor - who is on the Nottingham conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham 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 Woodlands 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.
How does conveyancing in Woodlands differ for newly converted properties?
Most buyers of new build residence in Woodlands come to us having been asked by the builder to exchange contracts and commit to the purchase even before the property is constructed. This is because builders in Woodlands tend to purchase the land, 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 Woodlands or who has acted in the same development.
Is it simple use the search tool to get a fee calculation from a conveyancing practitioner in Woodlands on the approved list for my bank?
Step one is to select a mortgage company such as HSBC Bank, Chelsea Building Society or Barclays Direct then type in your location such as Woodlands. Conveyancing organisations in Woodlands and across England and Wales will then be identified.
Last July I purchased a leasehold house in Woodlands. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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 given up trying to purchase the freehold in Woodlands. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to assess the price payable.
An example of a Lease Extension decision for a Woodlands property 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 unexpired term was 60.45 years.
We are contemplating instructing a web based solicitor rather than a Woodlands conveyancing practice. Am I making a mistake?
Numerous benefits exist in being able to attend a local Woodlands conveyancing solicitor for instance
- signing papers and and when necessary
- sometimes being able to speak to someone face-to-face can make a huge difference, particularly for non-standard transactions
- the ability to complain if matters are not going as expected
When analysing fees, look out for hidden extras. Most decent Woodlands high street solicitors give an all-inclusive figure. Many online agents appear to offer cheap prices, but have burried 'extras' in the in the terms and conditions.