Is the fact that my conveyancer in Shirenewton is not listed on my lender's conveyancing panel that there is a problem with the quality of the firm’s conveyancing?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Shirenewton conveyancing practice and enquire why they are no longer on the approved list for your bank.
Our conveyancer has uncovered a a problem with the lease for the apartment we are purchasing in Shirenewton. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer has advised that he must be satisfied that the mortgage company is willing to move forward with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. These conveyancing instructions must be adhered to.
I am the registered owner of a freehold house in Shirenewton yet pay rent, why is this and what is this?
It is rare for properties in Shirenewton and has limited impact for conveyancing in Shirenewton 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 new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
Can you point me to a directory of Lloyds panel solicitors in Shirenewton on the Council of Mortgage Lender’s Website?
No. There is no such directory service on the CML or Building Society Association websites. Very few mortgage companies make their panel listings open the public over the internet. If you are in need of a Shirenewton property lawyer on the Lloyds please use our facility.
We have agreed to purchase a house in Shirenewton. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Virgin Money be concerned?
As your lender is Virgin Money your lawyer must check the formal instructions outlined in Section 2 of UK Finance Lenders’ Handbook for Virgin Money. The Council of Mortgage Lenders’ Handbook sets out minimum conditions for solar panel roof-space leases, and solicitors are required to report to Virgin Money where a lease does not satisfy these conditions. The requirements relate to the installation of panels on properties in England and Wales and is not limited to Shirenewton.
I have paid off my mortgage with UBS. I assume I don't need a Shirenewton solicitor on the UBS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
Due to the encouragement of my in-laws I had a survey completed on a property in Shirenewton prior to appointing conveyancers. I have been told that there is a flying freehold overhang to the property. The surveyor advised that some banks will not grant a mortgage on a flying freehold home.
It depends who your proposed lender is. Santander has different instructions for example to Halifax. If you e-mail 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 accustomed to dealing with flying freeholds in Shirenewton. Conveyancing will be smoother if you use a solicitor in Shirenewton especially if they are familiar with such properties in Shirenewton.
How does the Landlord & Tenant Act 1954 impact my business property in Shirenewton and how can your lawyers assist?
The 1954 Act gives a safeguard to business lessees, granting the dueness to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds where a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Shirenewton is one of the hundreds of areas of the UK in which our lawyers have offices