My wife and I are planning to buy a 2 bedroom apartment in Clayton with a mortgage. We have a Clayton lawyer, however the bank says she’s not on their "panel". We have to appoint one of the lender panel firms or continue with our Clayton solicitor as well as pay for one of their panel ones to act for them. This feels very unfair; can we not require that the bank use our Clayton property 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 bank’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 Clayton conveyancing solicitor to apply to be on the conveyancing panel.
The Clayton conveyancing lawyers that just started acting on my house acquisition in Clayton have without warning shut down. I only went with them because I had to have a firm on the Barclays conveyancing panel and my family Clayton lawyer was not. I paid them money on account. What should be my next steps?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Barclays conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
Is it the case that all Clayton conveyancing solicitors on the Skipton conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Skipton conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Some mortgage companies do permit licenced conveyancers on their panel and in such a situation the organisation would be overseen by the Council of Licensed Conveyancers.
My wife and I are in the throws of viewing houses in Clayton and I am about to put in an offer. Is it too early to have a solicitor in place? I intend to finance via a home loan with Lloyds.
It would be wise to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. As you are taking out a mortgage with Lloyds, ask your prospective lawyers if they are on the Lloyds conveyancing panel otherwise they can't do the mortgage legal work.
I am selling my apartment. I had a double glazing fitted in September 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, TSB are being a right pain. The Clayton solicitor who is on the TSB conveyancing panel is saying indemnity insurance will be fine but TSB are requiring a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?
It is probably the case that TSB have referred the matter to their valuer. The reason why TSB 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.
Have completed on a a terraced house in Clayton , how long will it take for the Land Registry to record my ownership? My Clayton conveyancing solicitor has been very slow, so I want to be sure that my ownership is recorded.
As far as conveyancing in Clayton registration is no faster or slower than the rest of England and Wales. Rather than based on location, timeframes can differ depending on the party submitting the application, whether it is in order and if the Land registry must send notices to any third persons or bodies. At present roughly 80% of submission are fully addressed within 12 days but occasionally there can be extensive delays. Historically registration occurs once the buyer has moved in to the property therefore 'speed' is not typically an essential issue but if it is urgent that the the registration takes place urgently then you or your solicitor can speak with the land registry and explain the circumstances.
Due to the advice of my in-laws I had a survey completed on a house in Clayton ahead of instructing conveyancers. I have been told that there is a flying freehold element to the property. Our surveyor has said that some lenders tend refuse to grant a loan on this type of home.
It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. If you contact us we can look into this 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 Clayton. Conveyancing may be slightly more expensive based on your lender's requirements.
I want to rent out my leasehold apartment in Clayton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
The lease dictates relations between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Clayton do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
Clayton Leasehold Conveyancing - Examples of Queries Prior to Purchasing
-
Does the lease have onerous restrictions? What is the the remaining lease term? How many of the leaseholders are in arrears for their maintenance charge payments?