I purchased a freehold premises in Moorgate yet pay rent, why is this and what is this?

It is rare for properties in Moorgate and has limited impact for conveyancing in Moorgate 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 new rentcharges post 1977.

Old 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.

I am the sole recipient of my late father’s estate and I have everything in my name now, including the house in Moorgate. Conveyancing formalities meant that the Land Registry date was in August. I now wish to sell up. I do know about the CML 6 month 'rule', meaning my proprietorship could be treated the same way as if I'd bought the property in August. Do I have to wait 6 months to sell?

The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be impacted by that. Some lenders would take a pragmatic view as this requirement is principally there to pick up on subsales or the flipping of property.

I have a mortgage with Santander for my property in Moorgate. Conveyancing has been completed 12 months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Santander?

Santander must be informed of your intention before renting your property as this is likely to be a breach of Santander’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Santander directly. It should not be necessary to do this via a Santander conveyancing panel solicitor.

I've digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Moorgate solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?

Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Moorgate surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

Just had an offer accepted on a new build apartment in Moorgate. Conveyancing is a frightening process 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 is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Moorgate

The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are surveyor prepared. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants.

What tools are available to search for a Moorgate solicitor on the Virgin Money conveyancing panel? I drive a motor bike and am happy to travel upto 10miles to meet the solicitor.

You can use the tool on this page. Please select a mortgage company and your location and you will see a number of Moorgate conveyancing lawyers located nearest you. We have detailed some Moorgate conveyancing firms at the bottom of this page and you can telephone them to verify if they are on the Virgin Money member panel

My father has encouraged me to appoint his conveyancers in Moorgate. Should I choose my own solicitor?

No doubt the best way to choose a conveyancing practitioner is to get referrals from friends or relatives who have actually experience in using the firm that you are are thinking of instructing.