Am I correct in assuming that the fact that my solicitor in Kent is not on my bank's solicitor panel that there is a problem with the quality of the firm’s work?
That is most likely an incorrect assumption to make. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should simply call the Kent conveyancing firm and ask them why they are no longer on the approved list for your lender.
As someone unfamiliar with conveyancing in Kent what’s your top tip you can impart concerning the ownership transfer in Kent
Not many law firms or advisers will tell you this but conveyancing in Kent or throughout England and Wales is an adversarial experience. In other words, when it comes to conveyancing there is plenty of room for conflict between you and others involved in the house moving process. For instance, the vendor, estate agent and on occasion your mortgage company. Choosing a lawyer for your conveyancing in Kent is a critical decision as your conveyancer is your adviser, and is the ONLY person in the process whose interest is to look after your best interests and to keep you safe.
On occasion a potential adversary will try and sway you that it is in your interests to do things their way. For instance, the selling agent may claim to be assisting by claiming that your lawyer is slow. Or your financial adviser may tell you to do something that is contrary to your solicitors guidance. You should always trust your lawyer above all other parties in the home moving process.
I am buying a new build apartment in Kent. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Kent
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please confirm the Lease plans are surveyor prepared.
I am thinking of appointing a conveyancing solicitor in Kent for my purchase. Is it possible to review a solicitor's complaints history with the profession’s regulator?
Anyone may review presented Solicitor Regulator Association (SRA) decisions resulting from inquisitions started on or after Jan 2008. Visit Check a solicitor's record. For information about the period before 1 January 2008, or to check a firm's record, 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 SRA sometimes monitor telephone calls for training purposes.
I am attracted to a couple of apartments in Kent which have approximately 50 years remaining on the leases. Do I need to be concerned?
There are no two ways about it. A leasehold apartment in Kent is a wasting asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it reduces the salability of the property. The majority of buyers and lenders, leases with less than eighty years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Kent conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Leasehold Conveyancing in Kent - Sample of Questions you should ask Prior to buying
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What is the service charge and ground rent on the property? If a Kent lease has less than eighty years it will impact the marketability of the apartment. Check with your mortgage company that they are content with residual term of the lease. A short lease means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will be be obliged to have owned the residence for two years in order to be entitled to exercise a lease extension.
To what extent are Kent conveyancing solicitors duty bound by the Law Society to issue transparent conveyancing figures?
Contained within the Solicitors Code of Conduct are set rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their charges to clients.The Law Society have practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not to be interpreted as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, however, represent the Law Society’s perspective of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Kent or across England and Wales.