I purchased a freehold house in Wythenshawe but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Wythenshawe and has limited impact for conveyancing in Wythenshawe 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 post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
I am helping my aunt sell her house in Wythenshawe. Does the conveyancing solicitor order the energy performance certificate or do I organise this?
Following the abolition of Home Packs, energy performance certificates became a compulsory element of selling a property. An energy assessment needs to be commissioned prior to the property being marketed. It is not a task that lawyers normally arrange. If you are using a Wythenshawe conveyancing lawyer they may be willing to arrange energy assessments given their relationships with long established Wythenshawe accredited person
We were going to get a DIP from Clydesdale this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Clydesdale recommend any Wythenshawe solicitors on the Clydesdale conveyancing panel, or is it better to go independently?
You will need to appoint Wythenshawe solicitors independently although you'll need to choose one on the Clydesdale conveyancing panel. The solicitor represents both you and Clydesdale through the process.
It is unclear whether my bank requires a lease extension. I have called into my local Wythenshawe building society branch on various occasions and was advised it wasn't an issue and they will lend. My Wythenshawe conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the property lawyer is on the bank approved list, they must adhere to the Council of Mortgage Lenders’ Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have a terraced Edwardian property in Wythenshawe. Conveyancing lawyer acted for me and Birmingham Midshires. I did a free Land Registry search last week and I saw two entries: one for freehold, another for leasehold with the matching address. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Wythenshawe and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with your conveyancing practitioner who conducted the work.
What does commercial conveyancing in Wythenshawe cover?
Wythenshawe conveyancing for business premises incorporates a broad array of advice, supplied by qualified solicitors, relating to business property. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of tenancies.
Can you provide any top tips for leasehold conveyancing in Wythenshawe with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Wythenshawe can be reduced if you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers’ conveyancers. If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Obtaining a new share certificate can be a lengthy process and frustrates many a Wythenshawe conveyancing transaction. If a duplicate share is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later. Many freeholders or managing agents in Wythenshawe charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Wythenshawe. Some Wythenshawe leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
Wythenshawe Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
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Is the freehold owned collectively by the tenants? Is anyone aware of any major works in the near future that will add a premium to the service fees?
I pay a service charge for my flat in Wythenshawe. As a result of flawed financial planning I fell into arrears with payments. The managing agents agreed a settlement plan but there remains about £2000 remaining to be paid.
I am under pressure to dispose of the property and I am panicking this may hold me back if I have to pay off the arrears now. I'd like to sell up and then repay the arrears from the proceeds - is this achievable?
Your conveyancer will hopefully be in a position to negotiate with the management company, and agree with them whether or not they would accept settlement from sale proceeds. This is indicative of why it might be good to choose a solicitor in Wythenshawe as they may well have a strong line of communication with the parties.