My wife and I are intending to purchase a 3 bedroom apartment in South Hackney with a mortgage. We have a South Hackney lawyer, however the mortgage company says he's not on their "panel". It seems we have no option but to use one of the lender panel solicitors or keep our South Hackney property lawyer and pay for one of their panel lawyers to represent them. We regard 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 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 South Hackney conveyancing solicitor to apply to be on the conveyancing panel.
I am need of leasehold conveyancing for a flat in a fairly new development (6 years old) in South Hackney. Almost all the properties have already been disposed of. Do I need carry out the neighbourhood searches for my conveyancing in South Hackney?
If you are purchasing a property with the assistance of a mortgage, your mortgage company will need some (many) of the searches so you'll have no choice. If not, then South Hackney conveyancing searches are optional. No doubt your conveyancer, will 'advise', perhaps strongly, that you should have the searches done, but he or she has a professional duty to do this. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you demand that your lawyer to proceed without searches then your lawyer will have to follow your instructions or you will need to switch to an alternative solicitor for your conveyancing in South Hackney.
I am the registered owner of a freehold property in South Hackney but still pay rent, why is this and what is this?
It’s unusual for properties in South Hackney and has limited impact for conveyancing in South Hackney 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 generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
I am helping my step-mother sell her property in South Hackney. Will the conveyancer order the energy assessment or do I organise this?
Following the abolition of Home Packs, EPC’s was retained a mandatory element of moving house. An energy performance certificate should be commissioned prior to the property being put on the market. This is not something that conveyancers normally organise. Where you are using a South Hackney conveyancing practitioner they may be able to arrange energy performance certificates given their contacts with reputable local accredited person
I happen to be the sole recipient of my late father’s will with all property in now in my sole name, including the house in South Hackney. The South Hackney property was put into my name in December. I plan to dispose of the property. I understand that there is a Mortgage Lenders six month 'rule', meaning my property ownership could be treated the same way as if I'd bought the house in December. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. many mortgage companies would take a sensible view as this provision chiefly exists to identify the purchase and immediately sell or the flipping of properties.
Last month we had a mortgage agreed in principle with HSBC. South Hackney conveyancing lawyers have been selected. What is the average time that one could expect to receive a mortgage offer from HSBC?
There is no definitive answer here. Have HSBC conducted the survey? Have you advised HSBC as to your lawyers' details and checked that your lawyers are on the HSBC conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
A colleague suggested that if I am purchasing in South Hackney I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes included in the estimate for your South Hackney conveyancing searches. It is a large document of more than thirty pages, listing and setting out important information about South Hackney around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data concerning South Hackney.
I used Arc property Solicitors a few years ago for my conveyancing in South Hackney. Now, I need my documents but the law firm is no longer operating. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in South Hackney of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.