My wife and I are purchasing a 3 bedroom flat in Old Windsor with a mortgage. We have a Old Windsor solicitor, however the bank says she’s not on their "panel". It seems we have little option but to use one of the mortgage company panel firms or retain our Old Windsor lawyer and pay for one of their panel firms to act for them. This feels very unfair; are we not able to require that the lender use our Old Windsor property lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Old Windsor conveyancing lawyer to apply to be on the conveyancing panel.
I own a freehold residence in Old Windsor but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Old Windsor and has limited impact for conveyancing in Old Windsor 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 fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
I decided to have a survey completed on a property in Old Windsor before retaining conveyancers. I have been informed that there is a flying freehold aspect to the house. Our surveyor advised that some banks may not issue a loan on a flying freehold premises.
It depends who your proposed lender is. Santander has different instructions from Nationwide. Should you wish to call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Old Windsor. Conveyancing may be slightly more expensive based on your lender's requirements.
I've recently bought a leasehold property in Old Windsor. 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 lessee 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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 purchased a split level flat in Old Windsor, conveyancing was carried out February 1996. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Old Windsor with an extended lease are worth £201,000. The ground rent is £45 yearly. The lease expires on 21st October 2088
You have 64 years unexpired we estimate the price of your lease extension to be between £14,300 and £16,400 as well as costs.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not take any other action based on this information without first seeking the advice of a professional.
I cannot get to my Old Windsor conveyancing practitioners office to execute documents for conveyancing in Old Windsor – will this be problematic?
No. Old Windsor conveyancing lawyers can handle conveyancing transactions for clients nationwide. You are unlikely to be required to meet your lawyer in the flesh at a Old Windsor conveyancers office. Almost all property lawyer can deal with everything via phone, post and email - whatever works for you.