I own a freehold house in Mirfield but still invoiced for rent, why is this and what is this?

It’s unusual for properties in Mirfield and has limited impact for conveyancing in Mirfield 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 new 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 post 2037 is to be extinguished.

I am helping my mother sell her flat in Mirfield. Will the solicitor commission the EPC or should I organise this?

After the abolition of HIPs, energy assessments remained a compulsory part of selling a property. An energy assessment should be commissioned before the property is advertised. This is not something that lawyers ordinarily organise. Where you are instructing a Mirfield conveyancing solicitor they may be able to arrange energy performance certificates due to their contacts with long established local providers

Have just purchased a repossessed house at auction in Mirfield. Conveyancing is necessary. What are my next steps?

Now that you have legally bound yourself to purchase you must hire the services of a conveyancing lawyer quickly as you now have a tight a drop dead date to complete the conveyancing. Every auction property should have a corresponding legal set of papers. This will include evidence of title and search results. Where you are dealing with leasehold premises the legal papers may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork pertinent to leasehold premises. You need to give this to the lawyer working for you at the earliest opportunity. You also need to ensure that you have funds in order to complete on the date specified in the contract.

I was told four weeks ago that my mortgage has been agreed to by RBS. Is it usual for RBS to only issue the offer once my solicitor in Mirfield is approved on their conveyancing panel? RBS have asked my solicitor to see a copy of their PI Insurance.

A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for RBS to deal with your lawyer's application to be on the RBS conveyancing panel. There's no guarantee that your solicitor will be accepted.

About to purchase a new build flat in Mirfield. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Mirfield

Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

My husband and I are first time buyers - had an offer accepted, but the estate agent advised that the seller will only proceed if we use their preferred conveyancers as they are insisting on a ‘quick sale’. Our preferred option is to instruct a family solicitor accustomed to conveyancing in Mirfield

We suspect that the seller is unaware of this requirement. Should the vendor want ‘a quick sale', taking such a hostile approach to a motivated buyer is likely to cause more damage than good. Contact the owners directly and make the point that (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you are unencumbered (d) you wish to move quickly (e)however you will continue to use your own,trusted Mirfield conveyancing solicitors - rather thanthose that will earn the negotiator at the agency a introducer fee or meet his conveyancing figures demanded by HQ.

My wife and I may need to rent out our Mirfield 1st floor flat temporarily due to a career opportunity. We instructed a Mirfield conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Mirfield do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates 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 permission.

I own a ground floor flat in Mirfield, conveyancing formalities finalised 9 years ago. Can you give me give me an indication of the likely cost of a lease extension? Comparable properties in Mirfield with a long lease are worth £190,000. The average or mid-range amount of ground rent is £65 charged once a year. The lease expires on 21st October 2086

You have 61 years unexpired the likely cost is going to span between £19,000 and £22,000 as well as professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.