We are nearing an exchange on a property in Gillingham and my parents have sent the 10% deposit to my property lawyer. I am now informed that as the deposit has been received from someone other than me my lawyer needs to make a notification to my bank. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company about my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to hold matters up?
The conveyancer is obliged to clarify with mortgage company to ensure that they know that the balance of the purchase price is not from your own funds. Your solicitor can only report this to your bank if you agree, failing which, your lawyer must cease to continue acting.
I am the registered owner of a freehold premises in Gillingham yet pay rent, why is this and what is this?
It is rare for properties in Gillingham and has limited impact for conveyancing in Gillingham 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 hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
The Gillingham conveyancing solicitors that I recently instructed on my purchase in Gillingham have suddenly closed. They were on acting for me because I had to have a firm on the Lloyds conveyancing panel and my previous Gillingham lawyer was not. I wrote them a cheque for two hundred pounds in advance. What are my options?
Assuming that you have an Estate Agent in the equation then let them know immediately 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 Lloyds 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 lawyers may be able to help.
We are purchasing a flat in Gillingham. It might be a silly question but how we can trust a solicitor? At some point we have to put funds into their account. What protection do we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
My uncle pointed out to me me that in purchasing a property in Gillingham there could be various restrictions preventing external alterations to a property. Is this right?
There are a number of properties in Gillingham which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Gillingham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are buying a detached bungalow in Gillingham. The intention is to an extension at the rear at the property.Will legal conveyancing on the property include enquiries to see if these alterations were previously refused?
Your conveyancer should check the deeds as conveyancing in Gillingham will occasionally reveal restrictions in the title documents which prevent categories of works or necessitated the consent of another owner. Many additions require local authority planning permissions and approval under the building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be prudent to check these things with a surveyor ahead of any purchase.
I opted to have a survey done on a property in Gillingham ahead of retaining lawyers. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some banks will not grant a mortgage on such a house.
It depends who your proposed lender is. HSBC has different instructions from Halifax. Should you wish to telephone us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Gillingham. Conveyancing will be smoother if you use a solicitor in Gillingham especially if they are acquainted with such properties in Gillingham.
I have been advised by a few selling agents in Gillingham to choose a conveyancer using your seach tool. Is there a financial incentive for Estate Agents to market your lawyers ahead of a competitor’s?
We don’t make any commission for pointing buyers and sellers our way. We thought it would be too underhand to pay a commission because members of the public would think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.