Is it the case that all St Giles conveyancing solicitors on the Barclays conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Barclays conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Many banks do permit licenced conveyancers on their panel in which case such practice would be regulated by the CLC.
We were going to get a OIP from Santander this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Santander recommend any St Giles solicitors on the Santander conveyancing panel, or is it better to go independently?
You will need to appoint St Giles solicitors independently although you'll need to choose one on the Santander conveyancing panel. The solicitor represents both you and Santander through the process.
I have today made my last payment due on my mortgage with RBS. I assume I don't need a St Giles conveyancer on the RBS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your RBS 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 RBS mortgage from the register. RBS, 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 RBS has sent the Land Registry the discharge electronically, and
- RBS has instructed the Land Registry to do so
Are there restrictive covenants that are commonly identified as part of conveyancing in St Giles?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in St Giles. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I'm buying a new build house in St Giles with a mortgage from Lloyds TSB Bank. The builders would not budge the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The sale representative suggested that I not disclose to my conveyancer about the extras as it could affect my loan with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold element on a property I have offered on last month in what was supposed to be a quick, chain free conveyancing. St Giles is the location of the property. Can you offer any advice?
Flying freeholds in St Giles are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in St Giles you must be sure that your lawyer goes 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 determine 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 residence.
Should I be suspicious about brokers that I am dealing with are suggesting a nationwide conveyancing firm as opposed to a High Street St Giles conveyancing firm?
As with many professional services, often input from relatives can be most helpful. But there are lots of players in a conveyancing matter; estate agents, mortgage brokers and banks may suggest lawyers to use. On occasion these conveyancers might be known to one of the organisations as experts in their field, but occasionally there exists a financial incentive behind the recommendation. You have the right to choose your preferred conveyancer. You need to be aware that some banks have an approved list of law firms you have to use for the mortgage related work in your transaction.
Back In 2009, I bought a leasehold house in St Giles. Conveyancing and Britannia mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in St Giles who acted for me is not around. What should I do?
First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a St Giles conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I inherited a first flat in St Giles. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum due for the purchase of the freehold?
Most definitely. We are happy to 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 residence 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.