Me and my fiance are purchasing a 1 bedroom apartment in Northamptonshire with a mortgage. We like our Northamptonshire solicitor, however the lender advise she’s not on their "panel". We have to appoint one of the bank panel firms or retain our Northamptonshire property lawyer and pay for one of their panel firms to act for them. We regard this is unjust; can we not demand that the bank use our Northamptonshire property lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Northamptonshire conveyancing lawyer to apply to be on the conveyancing panel.
I'm the only recipient of my late father’s will and I have everything in my name alone, including the house in Northamptonshire. Conveyancing formalities meant that the Land Registry date was in May. I now wish to sell up. I understand that there is a CML 6 month 'rule', which means that my property ownership may be regarded the same way as if I'd bought the house in May. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. Most lenders would take a pragmatic view as this provision is primarily there to capture subsales or the quick reselling of properties.
Is it the case that all Northamptonshire conveyancing solicitors on the HSBC conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the HSBC approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Some banks do allow licenced conveyancers on their panel in which case such practice would be overseen by the CLC.
We are getting a further advance on our home loan from Coventry BS as we want to carry out a loft conversion to our property in Northamptonshire. Are we obliged to select a bricks and mortar Northamptonshire solicitor on the Coventry BS conveyancing panel to handle the legals?
Coventry BS don't usually appoint firms on their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Coventry BS conveyancing panel.
Due to the encouragement of my in-laws I had a survey completed on a house in Northamptonshire prior to retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. My surveyor advised that some lenders will refuse to issue a mortgage on such a home.
It depends who your proposed lender is. Lloyds has different requirements for example to Nationwide. Should you wish to telephone us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Northamptonshire. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Northamptonshire to see if the conveyancing costs will increase in light of this.
My father has urged me to use his conveyancers in Northamptonshire. Should I use them?
Much as we are happy to recommend a Northamptonshire conveyancing lawyer it’s preferable to find a conveyancing solicitor is to have recommendations from friends or relatives who have actually used the firm that you are contemplating using.
I want to sublet my leasehold flat in Northamptonshire. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
A lease dictates relations between the landlord and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Northamptonshire do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
I am the registered owner of a split level flat in Northamptonshire, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Comparable flats in Northamptonshire with a long lease are worth £202,000. The ground rent is £60 per annum. The lease comes to an end on 21st October 2082
You have 57 years remaining on your lease we estimate the premium for your lease extension to span between £28,500 and £33,000 plus professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.
I purchased a house in Northamptonshire last 25/3/2024 and to date it is still not registered with HMLR. It is part of a development site and my conveyancer told me that it may take 12 months to complete the registration formalities. I have called the Land Registry directly and they have informed me the initial application was cancelled due to failure to reply to requisitions. Do I need to be concerned?
Call your lawyer - if you are not getting sensible responses, enquire as to their firm’s complaints protocol and amplify your concerns to a Partner. Registrations for Northamptonshire conveyancing are not known to be significantly delayed.