I have given 8 weeks notice to my existing landlord and must be out of my rented property in Springwell by the end of next month. Conveyancing on my purchase is progressing. Is it possible to complete in 4 weeks as don't want to have to move into short term accommodation?

The normal practice is not to give notice for your tenancy until your lawyer suggests that you should. Assuming that you have not previously done so, update to your conveyancer and ask them to they cajole the other solicitors, try to get a realistic time scale from them that all parties will look to achieve

I own a freehold residence in Springwell but nevertheless pay rent, why is this and what is this?

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

Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

My grandmother passed away last year and as sole heir and executor I was left the property in Springwell. The house had a small mortgage left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Nationwide, pay off the mortgage. Is this possible?

Where you intend to re-mortgage then Nationwide will insist on your using a conveyancer on the Nationwide conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nationwide conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nationwide mortgage is registered as a charge at the Land Registry.

I am looking at a two maisonettes in Springwell both have approximately forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold apartment in Springwell is a wasting asset as a result of the reducing lease term. The closer the lease gets to its expiry date, the more it adversely affects the salability of the property. The majority of buyers and banks, leases with under eighty years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Springwell conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Leasehold Conveyancing in Springwell - Sample of Questions you should consider Prior to buying

Best to be warned whether redecorating or some other major work is coming up to be shared by the leasehold owners and will dramatically impact the level of the maintenance charges or result in a one time invoice. The majority of Springwell leasehold properties will be liable to pay a service charge for the upkeep of the block invoiced by the management company. If you purchase the apartment you will have to pay this liability, normally periodically throughout the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a ground rent to be met annual, ordinarily this is not a exorbitant sum, say about £25-£75 but you need to enquire it because on occasion it can be many hundreds of pounds. Can you tell me if there are any major works on the horizon that could increase the maintenance fees?

The solicitors conducting our conveyancing in Springwell has forwarded papers to review that state the property is unregistered with epitome documents. Why is the property not yet recorded at HMLR?

Although the vast majorities of properties in Springwell are now registered with HM Land Registry there are still some that remain unregistered. Any property in Springwell that has been remortgaged since the late 1980’s will have been registered at the HM Land Registry under the compulsory ‘first registration’ scheme. However, if a Springwell property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Plenty of Springwell conveyancing lawyers should be capable of dealing with such matters but where uncertainty prevails the usual recommendation nowadays appears to be for the current owners to register the title first and then sell - this can though naturally cause a drawn-out transaction.