My husband and I are buying a 1 bedroom apartment in Tadworth with a mortgage. We like our Tadworth solicitor, but the lender says she’s not on their "panel". It appears that we have no choice but to appoint one of the bank panel solicitors or keep our Tadworth conveyancer and pay for one of their panel ones to represent them. This seems very unfair; can we not insist that the lender use our Tadworth lawyer ?
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. A further alternative is for your Tadworth conveyancing lawyer to apply to be on the conveyancing panel.
I purchased a freehold house in Tadworth but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Tadworth and has limited impact for conveyancing in Tadworth 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 generation of new 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 in 2037 will be dispensed with completely.
My home in Tadworth is up for sale and I have accepted an offer. Does the property lawyer have to be required to be on the Santander conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Santander conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently currently.
is it true that all Tadworth solicitors on the Bank of Ireland conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the Bank of Ireland conveyancing panel they would need to be overseen by the SRA. Many banks do list licenced conveyancers on their panel in which case such organisation would be overseen by the Council of Licensed Conveyancers.
We previously appointed conveyancing lawyers with offices in Tadworth on the Leeds Building Society solicitor panel. They are now charging me a supplemental amount for handling the Leeds Building Society mortgage. Is this a supplemental conveyancing fee specified by Leeds Building Society?
Unfortunately, so long as it is in their Terms and Conditions or Quote then yes your conveyancer is entitled to levy a fee for this. This fee is not set by Leeds Building Society but by your Tadworth solicitor. Plenty of firms on the Leeds Building Society panel will charge ’dealing with mortgage’ fee and others do not.
I am currently in the process of buying my council flat in Tadworth. I have a mortgage agreed with Virgin Money. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Virgin Money, you will need to appoint a solicitor on the Virgin Money conveyancing panel.
Will commercial conveyancing searches reveal impending roadworks that may affect a commercial land in Tadworth?
Many commercial conveyancing solicitors in Tadworth will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in sourcing accurate data on highways that impact buildings and development assets in Tadworth. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Tadworth.
For each commercial conveyancing transaction in Tadworth it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately could cause delays to Tadworth commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Tadworth.
I have been on the look out for a leasehold apartment up to £195,000 and identified one near me in Tadworth I like with amenity areas and station nearby, however it's only got 61 years unexpired on the lease. I can't really find anything else in Tadworth for this price, so just wondered if I would be making a mistake purchasing a short lease?
If you need a home loan that many years may be an issue. Discount the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for at least twenty four months you could request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.