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

It’s unusual for properties in New Brighton and has limited impact for conveyancing in New Brighton 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.

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

My wife and I are buying a apartment in New Brighton. It might be a silly question but how we can trust a lawyer? On the day of competition we will need to send funds into their account. What is the protection we have from them run away with our deposit?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

I have paid off my mortgage with Yorkshire BS. I assume I don't need a New Brighton lawyer on the Yorkshire BS panel to discharge the mortgage at the Land Registry. Am I right?

If you have finished paying off your Yorkshire BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Yorkshire BS mortgage from the register. Yorkshire BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Yorkshire BS has sent the Land Registry the discharge electronically, and
3. Yorkshire BS has instructed the Land Registry to do so

I am selling my flat. I had a double glazing fitted in January 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Santander are being difficult. The New Brighton solicitor who is on the Santander conveyancing panel is recommending indemnity insurance as a solution but Santander are insisting on a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?

It is probably the case that Santander have referred the matter to their valuer. The reason why Santander may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Due to the input of my in-laws I had a survey completed on a house in New Brighton before appointing lawyers. I have been informed that there is a flying freehold overhang to the house. My surveyor has said that some lenders will not give a mortgage on a flying freehold home.

It varies from the lender to lender. Santander has different requirements for example to Halifax. Should you wish to telephone us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in New Brighton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in New Brighton to see if the conveyancing costs will increase in light of this.

I am intending to let out my leasehold flat in New Brighton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Some leases for properties in New Brighton do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I bought a ground floor flat in New Brighton, conveyancing was carried out half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in New Brighton with an extended lease are worth £202,000. The ground rent is £55 invoiced annually. The lease terminates on 21st October 2080

With just 56 years unexpired the likely cost is going to be between £29,500 and £34,000 plus legals.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.

Is it true that a New Brighton conveyancing practice taken to court by clients for not carrying out the appropriate conveyancing searches?

We are not aware of such a New Brighton conveyancing claim but it has been reported that, clients buying a property in Cumbria successfully won a case against their lawyer due to development permission to build a wind farm failing to be picked up in conveyancing searches.

Where you are buying in New Brighton It is critical that your conveyancing practitioner purchase all New Brighton conveyancing searches necessary making sure that you have relevant and up to date information before buying a property.