It has come to my attention via my financial adviser that my Erith property lawyer is not on the lender Solicitor panel. What can I do to check?
You need to call your Erith conveyancer. It is reasonable to expect your lawyer to advise you of the situation. Where they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your lender.
I am the registered owner of a freehold premises in Erith but nevertheless charged rent, why is this and what is this?
It is rare for properties in Erith and has limited impact for conveyancing in Erith 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 establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
Are the BSA planning on creating a searchable register to list solicitors on the Melton Mowbray Building Society conveyancing panel for example in Erith?
We have not been informed any intention on the part of the BSA to develop such a tool.
I have paid off my mortgage with Skipton. I assume I don't need a Erith solicitor on the Skipton panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Skipton mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Skipton mortgage from the register. Skipton, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Skipton has sent the Land Registry the discharge electronically, and
- Skipton has instructed the Land Registry to do so
It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Erith building society branch on numerous occasions and was reassured it wasn't an issue and they will lend. My Erith conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they would not lend in accordance with their specific requirements. Who do I believe?
As long as the solicitor is on the lender approved list, they must follow the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I am due to exchange contracts on my house. I had a double glazing fitted in April 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Lloyds are being a right pain. The Erith solicitor who is on the Lloyds conveyancing panel is recommending indemnity insurance as a solution but Lloyds are insisting on a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?
It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds 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.
I am a couple of weeks into a freehold purchase having been referred to conveyancers by the estate agent to do our conveyancing in Erith. I am am extremely frustrated with the level of service. Can you help me find new lawyers?
They would have to be very poor to suggest replacing them. Has your mortgage been issued? If so you need to inform them of the new contact details and ensure the offer are issued to the new lawyers. Your new solicitor ideally should be on the mortgage company panel to avoid supplemental fees and complications. So that should be your starting point. Our search tool will assist you in finding a lender approved lawyer for your home move in Erith
I have just placed an offer on a leasehold flat in Erith and the broker that we are using suggested his solicitor. She quoted £800 including VAT and disbursements. Does this sound steep?
You should not rely on 1 quote. One should obtain like-for-like quotes for your conveyancing in Erith. Then pick one that you trust and crucially, is on the approved panel of the lender that you are sourcing your mortgage from.