My fiance and I are hoping to buy a home in Heathfield and are in fact using a Heathfield conveyancing practice. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Norwich and Peterborough Building Society have this evening contacted us to advise us that there is now an issue as our Heathfield conveyancer is not on their conveyancing panel. Is this a problem?
When purchasing a property with mortgage finance it is normal for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Heathfield solicitors, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
I own a freehold house in Heathfield but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Heathfield and has limited impact for conveyancing in Heathfield 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 have existed for many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
I am considering mortgaging my apartment in Heathfield, does my lawyer need to be on the UBS Conveyancing panel?
In theory, you could use a solicitor that is not on the UBS conveyancing panel, but UBS would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I am helping my step-mother sell her flat in Heathfield. Does the solicitor arrange the EPC or it is for the seller to coordinate?
After the abolition of HIPs, energy assessments was retained a mandatory part of selling a property. An energy assessment must be to hand in advance of the property being marketed. It is not a task that solicitors normally arrange. Where you are using a Heathfield conveyancing practitioner they may be willing to arrange energy assessments due to their contacts with reputable local energy assessors
Can you point me to a directory of Bank of Ireland panel solicitors in Heathfield on the Council of Mortgage Lender’s Website?
Unfortunately not yet. There is no such tool on the Council of Mortgage Lenders or Building Society Association sites. Very few lending institutions make their panel listings visible on the web. Where you are looking for a Heathfield property lawyer on the Bank of Ireland please use our tool.
Can I be sure that the Heathfield conveyancing solicitor on the Nationwide panel is any good?
When it comes to conveyancing in Heathfield getting recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advocate that you speak with the lawyer carrying out your conveyancing.
Back In 2004, I bought a leasehold flat in Heathfield. Conveyancing and Nottingham Building Society mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Heathfield who previously acted has long since retired. What should I do?
First make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Heathfield conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I purchased a ground floor flat in Heathfield, conveyancing was carried out 9 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Heathfield with a long lease are worth £195,000. The ground rent is £45 invoiced every year. The lease expires on 21st October 2089
With just 63 years unexpired we estimate the premium for your lease extension to be between £16,200 and £18,600 as well as legals.
The figure above a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more detailed investigations. Do not use the figures in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.
My husband and I intend to acquire our first home in Heathfield. Conveyancing practitioner has been instructed. The broker advised that a survey is not necessary as the property is just 17 years old.
You would be well advised to take a Home Buyer's Report. Given the residence is over 10 years old the property will not benefit from a warranty, so you would be well advised not to take a risk. For a property that age with no signs of problems a Home Buyer's report may be sufficient. They will highlight any obvious problems and suggest additional investigation where relevant. If there are any signs of material issues obtain a full structural survey.