I purchased a freehold house in Rhymney yet invoiced for rent, why is this and what is this?

It is rare for properties in Rhymney and has limited impact for conveyancing in Rhymney 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 hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.

Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.

If you had a top tip for selecting a conveyancing solicitor in Rhymney what would it be?

It would be unwise to be swayed by the cheapest Rhymney conveyancing costs illustration. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of the deal.

A colleague advised me that in buying a property in Rhymney there could be various restrictions affecting the ability to carry out external changes to the property. Is this right?

We are aware of a number of properties in Rhymney which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Rhymney should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I have paid off my mortgage with Co-operative. I assume I don't need a Rhymney property lawyer on the Co-operative panel to remove the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Co-operative 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 Co-operative mortgage from the register. Co-operative, 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 Co-operative has sent the Land Registry the discharge electronically, and
3. Co-operative has instructed the Land Registry to do so

How does conveyancing in Rhymney differ for new build properties?

Most buyers of new build or newly converted property in Rhymney contact us having been asked by the builder to sign contracts and commit to the purchase even before the residence is constructed. This is because new home sellers in Rhymney tend to buy the site, 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 conveyancing solicitors 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 accustomed to new build conveyancing in Rhymney or who has acted in the same development.

I decided to have a survey completed on a property in Rhymney prior to appointing solicitors. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some banks tend not grant a loan on this type of house.

It depends who your proposed lender is. HSBC has different instructions from Nationwide. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Rhymney. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Rhymney to see if the conveyancing costs will increase in light of this.

I am a negotiator for a long established estate agent office in Rhymney where we have experienced a few flat sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Rhymney conveyancing solicitors. Can you clarify whether the owner of a flat can start the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Rhymney Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

You will want to discover as much as possible about the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the upkeep of the communal areas. Enquire of other people if they are happy with their management. In conclusion, find out the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what you get for your money. What is the the remaining lease term?