Am I correct in assuming that the fact that my conveyancer in Westbourne is not on my bank's solicitor panel that there is a problem with the standard of his work?
That would most likely be a wrong assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (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. Where you are concerned you should simply call the Westbourne conveyancing practice and ask them why they are no longer on the approved list for your lender.
I happen to be the only recipient of my late mum's will and I have everything in my name alone, including the house in Westbourne. The Westbourne property was put into my name in October. I now wish to sell up. I understand that there is a Mortgage Lenders 6 month 'rule', meaning my property ownership could be regarded the same way as though I had purchased the property in October. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. Some banks would take a practical view as this obligation is principally there to pick up on the purchase and immediately sell or the quick reselling of properties.
I am buying a property in Westbourne. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Barclays be concerned?
Given that your lender is Barclays your lawyer must comply with the conveyancing requirements set out in Section 2 of UK Finance Lenders’ Handbook for Barclays. The Council of Mortgage Lenders’ Handbook stipulates minimum requirements for solar panel roof-space leases, and lawyers are required to report to Barclays where a lease fails to comply with these conditions. The requirements relate to the installation of panels on properties in England and Wales and is not isolated to Westbourne.
I have paid off my mortgage with Leeds Building Society. I assume I don't need a Westbourne solicitor on the Leeds Building Society panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Leeds Building Society 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 Leeds Building Society mortgage from the register. Leeds Building Society, 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 Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
I am purchasing a house and the solicitor has raised the issue of Chancel Repair to which the house could be liable given it’s proximity to the area of such a church. He has recommended insurance. Is this really warranted for conveyancing in Westbourne
Unless a previous purchase of the house completed post 12 October 2013 you can take it that solicitors conducting conveyancing in Westbourne to continue to recommend a chancel search and or chancel repair liability insurance.
I have been on the look out for a ground for flat up to £245,000 and identified one close by in Westbourne I like with amenity areas and railway links in the vicinity, however it's only got 52 years on the lease. I can't really find anything else in Westbourne for this price, so just wondered if I would be making a grave error acquiring a short lease?
Should you need a mortgage the remaining unexpired lease term may be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the property for at least 2 years you can request that they start the process of the extension and then assign 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 speak to your conveyancing lawyer about this.
How easy is it to use the search facility to find a conveyancing lawyer in Westbourne on the panel for my mortgage?
First select a lender such as Barclays , The Mortgage Works or Clydesdale then choose your location for instance Westbourne. Conveyancing practices in Westbourne and nationally will then be listed.
Is there a reason that Westbourne conveyancing charges are more expensive for leasehold and freehold properties?
If acquiring a leasehold property there is more work involved purely due to the fact that usually there are further parties involved in the form of the freeholder and/or Management Agents. As part of a lawyers enquiries they will check that all ground rent and service charges are paid up to date amongst other general leasehold matters. For this reason, the Sellers lawyers usually have to refer to the freeholder or Managing Agent for their replies to our questions. This may be time consuming and beyond the lawyers control