We are intending to acquire a 1 bedroom flat in Hawes with a mortgage. We wish to retain our Hawes conveyancer, but the bank advise she’s not on their "panel". We have to appoint one of the lender panel conveyancing practices or retain our Hawes lawyer and pay for one of their panel ones to represent them. We feel that this is unjust; is there anything we can do?
No, not really. Your mortgage offer 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 Hawes conveyancing lawyer to apply to be on the conveyancing panel.
I purchased a freehold property in Hawes yet charged rent, why is this and what is this?
It’s unusual for properties in Hawes and has limited impact for conveyancing in Hawes 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 creation of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
I am buying a terraced house in Hawes. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Hawes you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Hawes.
The deeds to our home can not be found. The lawyers who did the conveyancing in Hawes 4 years ago no longer exist. What do I do?
Assuming the title is registered the information relating to your proprietorship will be held by HMLR under a Title Number. It is possible to execute a search at the Land Registry, identify your house and secure current copies of the Registered Entries for less than a fiver. If the title is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
How does the Landlord & Tenant Act 1954 affect my business offices in Hawes and how can your lawyers assist?
The 1954 Act gives a safeguard to commercial leaseholders, granting the right to make a request to court for a continuation of occupancy at the end of the lease term. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Hawes
I am thinking of appointing a conveyancing practitioner in Hawes for my house move. Can I check a solicitor's record with the profession’s regulator?
You can see published Solicitor Regulator Association (SRA) determinations arising from investigations from 2008 onwards. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The regulator may monitor telephone calls for training reasons.