Is the fact that my conveyancer in Temple Fortune is not on my mortgage company's conveyancing panel that there is a problem with the standard of her work?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Temple Fortune conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
We note that you have a post code search directory identifying firms on the RBS conveyancing panel. Do firms pay you a commission if I instruct them for our conveyancing in Temple Fortune?
We are a listing service only for law firms wishing to communicate if they are on the RBS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Temple Fortune.
Are there restrictive covenants that are commonly identified during conveyancing in Temple Fortune?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Temple Fortune. 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…’
Am I better off to go with a Temple Fortune conveyancing practitioner based in the location that I am hoping to buy? I have an old university friend who can execute the conveyancing but they are based 200miles drive away.
The primary upside of using a high street Temple Fortune conveyancing firm is that you can attend the office to sign documents, present your identification documents and pester them where appropriate. Having local Temple Fortune know how is a bonus. That being said it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and the majority were impressed that should outweigh using an unfamiliar Temple Fortune conveyancing solicitor just because they are based in the area.
I am employed by a long established estate agency in Temple Fortune where we see a number of flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Temple Fortune conveyancing solicitors. Could you confirm whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
After months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Temple Fortune. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing freeholder or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to judgment on the premium.
An example of a Lease Extension decision for a Temple Fortune property is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case related to 1 flat. The number of years remaining on the existing lease(s) was 76 years.
My wife and I have recently had an offer agreed on a property and had meeting on Monday with the Post Office for the mortgage. They advised me that when it comes to selecting a solicitor that if they are not on their approved list of conveyancers then we will be subject to an a further charge of £250+. This is is due to the fact that they would then have to appoint a conveyancer to act for them as well as the one we select for ourselves and we assume responsibility for their invoice. I have requested the Post Office to furnish me with a list so I can seek quotes only from their approved lawyers but was told they dont have such a list to hand over. Is there a simple way of finding out who is on a lender panel?
You can enquire of the Post Office what their panel criteria is for a solicitor.Thereafter ask the conveyancer of your choice whether they fit that criteria and have they acted on mortgages for the Post Office previously. Where the answer to those is yes, then just clarify this with the Post Office. Alternatively please make use of our search tool and we may be able to identify a conveyancer in Temple Fortune on the approved list for the Post Office.