My husband and I swapping mortgage lender for our apartment in Barton under Needwood with Nationwide. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Nationwide conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) Does our son by signing this compromise his entitlement to inherit the property?

First, rest assured that your Nationwide conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Nationwide. This is solely used to protect Nationwide if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Nationwide had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

I am the registered owner of a freehold premises in Barton under Needwood but nevertheless invoiced for rent, why is this and what is this?

It’s unusual for properties in Barton under Needwood and has limited impact for conveyancing in Barton under Needwood 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 establishment of fresh rentcharges post 1977.

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

How does conveyancing in Barton under Needwood differ for newly converted properties?

Most buyers of new build premises in Barton under Needwood come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is built. This is because new home sellers in Barton under Needwood usually buy the land, 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 conveyancers 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 Barton under Needwood or who has acted in the same development.

I wish to sublet my leasehold apartment in Barton under Needwood. 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 Barton under Needwood do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold 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 consent.

Barton under Needwood Conveyancing for Leasehold Flats - Sample of Queries before buying

Best to be warned if redecorating or some other significant cost is coming up to be shared between the leasehold owners and will dramatically impact the level of the service charges or result in a specific payment. Does the lease have onerous restrictions?

My husband and I have just had an offer agreed on a house and had meeting on Monday with Leeds Building Society for the mortgage. They have informed us that when it comes to choosing a conveyancer that unless they are on their approved list of lawyers then we will incur an extra fee of £200. This is is due to the fact that they will then have to select a property lawyer to act for them as well as the one we choose to act for ourselves and we will be on the hook for their invoice. I have asked Leeds Building Society to furnish me with a list so I can obtain estimates only from their approved lawyers but was told they dont have such a list to hand over. What would be the best way of going about this?

Ask Leeds Building Society what their panel criteria is for a solicitor.Then ask the property lawyer of your choice whether they fit that criteria and have they acted on loans for Leeds Building Society previously. Where the answer to those is yes, then just double check with Leeds Building Society. Another option is to make use of our search tool and we may be able to locate a conveyancer in Barton under Needwood on the approved list for Leeds Building Society.