I am nearing exchange of contracts for my apartment in Biggin Hill and the EA has just called to say that the purchasers are changing their conveyancer. I am told that this is due to the fact that the bank will only engage with solicitors on their approved list. On what basis would a big named mortgage company only work with certain law firms rather the firm that they want to appoint to handle their conveyancing in Biggin Hill ?
Lenders have always had panels of law firms they are willing to work with, but in the last few years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for over 25 years.
Mortgage companies point to the increase in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.
I am the registered owner of a freehold residence in Biggin Hill but still charged rent, why is this and what is this?
It is rare for properties in Biggin Hill and has limited impact for conveyancing in Biggin Hill 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 hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh 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 post 2037 will be dispensed with completely.
We are purchasing a property and the solicitor has identified Chancel Repair to which the property may be obligated to contribute to given it’s proximity to the area of such a church. He has recommended insurance. Is this strictly warranted for conveyancing in Biggin Hill
Unless a prior acquisition of the house took place post 12 October 2013 you could take it that lawyers conducting conveyancing in Biggin Hill to remain encouraging a chancel search and or chancel repair liability policy.
Due to the guidance of my in-laws I had a survey completed on a house in Biggin Hill in advance of appointing lawyers. I have been told that there is a flying freehold element to the property. My surveyor has said that some banks tend not issue a loan on this type of home.
It varies from the lender to lender. Lloyds has different instructions from Halifax. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Biggin Hill. Conveyancing may be slightly more expensive based on your lender's requirements.
I need to instruct a conveyancing lawyer in Biggin Hill for my house move. Can I see a firm’s record with the legal regulator?
You may review documented Solicitor Regulator Association (SRA) decisions arising from inquisitions commenced on or after 1 January 2008. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, call +44 (0)121 329 6800. The SRA may recorded telephone calls for training purposes.
I have just appointed agents to market my 2 bed flat in Biggin Hill. Conveyancing lawyers have not yet been instructed, however I have recently had a quarterly service charge invoice – what should I do?
The sensible thing to do is clear the maintenance contribution as usual given that all rents and maintenance invoices should be apportioned as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I am the proprietor of a garden flat in Biggin Hill. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?
if there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Biggin Hill premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The unexpired term as at the valuation date was 50.57 years.