We are intending to purchase a 2 bedroom flat in St Giles with a mortgage. We have a St Giles conveyancer, but the lender says he's not on their "panel". It appears that we have no option but to instruct one of the lender panel solicitors or retain our St Giles lawyer and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 St Giles conveyancing solicitor to apply to be on the conveyancing panel.
I am purchasing a new build flat in St Giles. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in St Giles you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in St Giles.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. St Giles is the location of the property. Is there any guidance you can impart?
Flying freeholds in St Giles are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St Giles you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Giles may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Am I right to be concerned about estate agents that I am dealing with are suggesting a factory type conveyancing firm as opposed to a High Street St Giles conveyancing firm?
As with many professional services, often input from connections can be worth their weight in gold. Yet there are lots of parties with a keen interest in a conveyancing matter; estate agents, financial adviser and mortgage companies might all suggest solicitors to retain. Sometimes the solicitors might be known to one of the organisations as being good in their field, but occasionally there behind the scenes commercial relationship behind the recommendation. You are at liberty to appoint your preferred lawyer. However, bear in mind that many mortgage providers specify a panel list of law firms you have to use for the mortgage aspect of your conveyancing.
My husband and I are new to the buying process - agreed a price, yet the selling agent informed us that the seller will only proceed if we instruct the agent's preferred solicitors as they are insisting on a ‘quick sale’. We would rather use a high street conveyancer with experience of conveyancing in St Giles
We suspect that the seller is not behind this request. Should the vendor want ‘a quick sale', taking such a hostile approach to a motivated purchaser is counter productive. Try to communicate with the vendors directly and make the point that (a)you are serious buyers (b)you are ready to go, with finances in place © you are chain free (d) you wish to move quickly (e)but you are going to appoint your preferred St Giles conveyancing lawyers - not the ones that will give their estate agent a kickback or meet his conveyancing thresholds demanded by senior management.
Due to sign contracts shortly on a ground floor flat in St Giles. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in St Giles should include some of the following:
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An explanation concerning the obligations as set out in the lease to to contribute towards maintenance costs - in relation to the building, and the wider rights a lessee enjoys Repair and maintenance of the premises It needs to be made clear to you whether the lease allows you to add or upgrade aspects of the premises- you should be made aware as to whether any restrictions relates to all alterations or limited to structural alteration, and whether permission is required Details of the parties to the lease, e.g. these could be the tennant, superior lessor, landlord Does the lease prohibit wood flooring?
Following years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in St Giles. Can we issue an application to the Residential Property Tribunal Service?
You certainly can. We can put you in touch with a St Giles conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a St Giles flat is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case was in relation to 1 flat. The unexpired term was 66.8 years.