My wife and I are buying a 1 bedroom flat in St Luke's with a mortgage. We wish to retain our St Luke's solicitor, but the mortgage company says he's not on their "panel". It appears that we have no choice but to use one of the mortgage company panel firms or keep our St Luke's solicitor as well as pay for one of their panel firms 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 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. A further alternative is for your St Luke's conveyancing lawyer to apply to be on the conveyancing panel.
What happens if my lawyer’s firm is removed from the Bank of Ireland Solicitor panel ahead of completing my conveyancing in St Luke's?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I have recentlydiscovered that Arc property Solicitors have closed. They carried out my conveyancing in St Luke's for a purchase of a freehold house 12 months ago. How can I be sure that my home is not still registered in the name of the previous owner?
The easiest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of St Luke's conveyancing specialists.
Is there anything unique about your site and alternative online quote calculators when it comes to conveyancing in St Luke's?
At this site receive an accurate quote from a Solicitor or Licensed Conveyancer that appreciates the nuances of your conveyancing in St Luke's. Unlike many estate agents and brokerage sites we do not have commission arrangements with solicitors. A large number of agents and online brokers 'recommend' the firm that pays the most per referral, rather than the best value conveyancing in St Luke's
Back In 2004, I bought a leasehold flat in St Luke's. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in St Luke's who acted for me is not around. Any advice?
The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a St Luke's conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
We have reached the end of our tether in trying to reach an agreement for a lease extension in St Luke's. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a St Luke's conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a St Luke's property is 137 & 139 Haberdasher Street in December 2013. The Tribunal determines in accordance with section 48 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 that the premium for the extended lease for each Property should be £12,350.00. This case was in relation to 2 flats. The unexpired term as at the valuation date was 72.39 years.
Can I find out who owns a property in St Luke's?
Provided the premises is recorded at the Land Registry, and you have enough specifics of the location of the property, you should be able to obtain details from the HM Land Registry of the registered owner for a fee.