We are purchasing a 2 bedroom flat in Booker with a mortgage. We have a Booker solicitor, however the mortgage company says he's not on their "panel". We have to appoint one of the lender panel solicitors or keep our Booker conveyancer as well as pay for one of their panel lawyers to represent them. We regard this is unjust; are we not able to require that the mortgage company use our Booker lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Booker conveyancing lawyer to apply to be on the conveyancing panel.
Please explain the implications if my solicitor is removed from the Principality Conveyancing panel ahead of completing my conveyancing in Booker?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
We are purchasing a 4 bedroom semi-detached house in Booker. We would like to carry out an extension to the side at the house.Will the conveyancing process include investigations to see if these works are prohibited?
Your solicitor will review the registered title as conveyancing in Booker will on occasion identify restrictions in the title documents which restrict categories of works or require the consent of a 3rd party. Some extensions need local authority planning permissions and approval under the building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be sensible to check these issues with a surveyor prior to committing yourself to a purchase.
Are all Booker Conveyancing Quality Solicitors on the Aldermore conveyancing list of approved firms?
It is true that some banks and building societies now use CQS as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.
I have decided to exercise my right to buy my property in Booker off the council. I have a mortgage agreed with TSB. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
I got the keys to my flat on 13 February and my personal details is not yet on the land registry website. Any reason for this? My conveyancing solicitor in Booker advises it should be recorded in less than a month. Are properties in Booker particularly slow to register?
As far as conveyancing in Booker is concerned, registration is no faster or slower than anywhere else in the country. As opposed to being determined by geographic area, timeframes can vary subject to the party submitting the application, whether there are errors and whether the Land registry communicate with any 3rd persons or bodies. Currently in the region of 80% of submission are completed in less than three weeks but some can be subject to longer hold-ups. Registration occurs once the purchaser is living at the premises thus 'speed' is not usually an essential issue but if it is urgent that the the registration takes place urgently then you or your solicitor can communicate with the Registry to express the reasoning for the application to be prioritised.
How does the Landlord & Tenant Act 1954 affect my commercial offices in Booker and how can your lawyers assist?
The 1954 Act affords a safeguard to commercial lessees, giving them the dueness to make a request to court for a renewal lease and remain in occupation at the end of an expired lease. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in Booker
I pay a service charge for my flat in Booker. As a result of flawed financial planning I fell into arrears with payments. I negotiated a clearance plan but there is still about £2000 due in arrears.
I now wish to sell and I am panicking this may hold me back if I have to pay off the amount due in advance. Do I have to settle before - is this possible?
You should check with the conveyancing practitioner conducting your Booker conveyancing but one option could be to arrange for the outstanding amount to be attributed to the purchasers. The sale price payable would be adjusted to reflect the amount of debt they assume. They would then discharge the outstanding monies following completion of the purchase.