I am the registered owner of a freehold residence in Chester but nevertheless charged rent, why is this and what is this?

It’s unusual for properties in Chester and has limited impact for conveyancing in Chester 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 creation of new rentcharges from 1977 onwards.

Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.

The Chester conveyancing firm that I appointed last week on my purchase in Chester have without warning shut down. I chose them because I had to have a firm on the Yorkshire BS conveyancing panel and my previous Chester lawyer was not. I gave my credit card details for them to take £195 for searches. What are my options?

Assuming that you have an Estate Agent in the equation then inform them immediately so that they can let the sellers know that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Yorkshire BS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.

Just had an offer accepted on a new build flat in Chester. Conveyancing is daunting 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 conveyancing.

Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Chester

The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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.

Do I need to be wary that estate agents that I am dealing with are recommending an online conveyancing firm rather than a local Chester conveyancing company?

As is the case with lots of professional services, often suggestions from connections can be worth their weight in gold. Yet there are lots of players in a conveyancing deal; estate agents, mortgage brokers and banks might all suggest conveyancers to use. On occasion these solicitors might be known to one of the organisations as being good in their field, but sometimes there exists a commercial relationship behind the recommendation. You are at liberty to appoint your preferred conveyancer. Don't forget that most banks operate an approved list of conveyancers you must use for the mortgage related work in your home move.

I am hoping to complete next month on a studio apartment in Chester. Conveyancing lawyers have said that they are sending me a report next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Chester should include some of the following:

An explanation as to the provision as set out in the lease to pay service charges - in respect of the block, and the more general rights a lessee enjoys specifics of the parties to the lease, for example these could be the leaseholder, superior lessor, freeholder Setting out your rights in relation to common areas in the building.For example, does the lease grant a right of way over an accessway or hallways? Rent payments - how much and when you need to pay, and also know whether this is subject to change The total extent of the demise. This will be the apartment itself but might incorporate a roof area or storage are if relevant.

Chester Conveyancing for Leasehold Flats - Examples of Queries before buying

It would be wise to discover if there are any onerous prohibitions in the lease. For example some leases prohibit pets being permitted in in a block in Chester. If you love the flatin Chester yet your cat can’t make the move with you then you have a very difficult choice. This question is important as a) areas may result in problems in the block as the communal areas may begin to deteriorate where repairs are not paid for b) if the tenants have a dispute with the running of the building you will want to know about it Best to be warned if fixing the lift or some other significant cost is due shortly to be shared by the tenants and will materially impact the level of the service costs or necessitate a specific payment.