I own a freehold premises in Elephant and Castle but still charged rent, why is this and what is this?

It’s unusual for properties in Elephant and Castle and has limited impact for conveyancing in Elephant and Castle 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 generation of new 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 in 2037 will be extinguished.

We are planning to move home in September. Will my conveyancing solicitor update the removal company on the completion day. Incidentally, can you recommend a removal company in Elephant and Castle. Conveyancing solicitor was chosen prior to coming across your site.

On the day of completion you can collect the house keys from your estate agent however this can only take place once the previous owners lawyers inform the agent that they acknowledge receipt of the completion payment and the keys can be given over. After that you should tell the removal men that you are ready to move in. We do not recommend a particular removal company but can assist you in locating a residential property solicitor in Elephant and Castle or a solicitor with expertise in conveyancing in Elephant and Castle.

Does a directory service exist listing Leeds Building Society panel conveyancers in Elephant and Castle on the Council of Mortgage Lender’s Website?

No. There is no such directory service on the CML or Building Society Association sites. A small selection of mortgage companies make their panel listings viewable over the internet. If you are in need of a Elephant and Castle property lawyer on the Leeds Building Society please make the most of our tool.

I am due to exchange contracts on my flat. I had a double glazing fitted in January 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Santander are being difficult. The Elephant and Castle 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.

My relative advised me that if I am purchasing in Elephant and Castle I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?

A search of this type is sometimes included in the estimate for your Elephant and Castle conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Elephant and Castle around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful information concerning Elephant and Castle.

Due to the encouragement of my in-laws I had a survey completed on a property in Elephant and Castle prior to appointing conveyancers. I have been informed that there is a flying freehold overhang to the house. Our surveyor advised that some banks may refuse to grant a loan on a flying freehold property.

It varies from the lender to lender. HSBC has different instructions from Halifax. Should you wish to telephone us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Elephant and Castle. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Elephant and Castle to see if the conveyancing costs will increase in light of this.

There are only 72 years remaining on my flat in Elephant and Castle. I am keen to extend my lease but my freeholder is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have done all that could be expected to locate the lessor. For most situations an enquiry agent should be useful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Elephant and Castle.

Despite our best efforts, we have been unsuccessful in seeking a lease extension in Elephant and Castle. Can the Leasehold Valuation Tribunal adjudicate on premiums?

in cases where there is a absentee landlord or if there is dispute about the premium for a lease extension, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to calculate the price.

An example of a Lease Extension matter before the tribunal for a Elephant and Castle premises is Ground Floor Flat 39 Bronsart Road in May 2010. Following a vesting order by West London County Court the Leasehold Valuation Tribunal concluded that the price to be paid for the extended lease of the premises was Thirteen Thousand Two hundred pounds (£13,200) in accordance with the valuation. The extended lease was granted for a term of 90 years from the expiry date of the Lease and at a peppercorn ground rent from the date of the vesting order. This case related to 1 flat. The number of years remaining on the existing lease(s) was 74.77 years.