My wife and I are planning to acquire a 1 bedroom apartment in The Hale with a mortgage. We like our The Hale lawyer, however the mortgage company says he's not on their "panel". We have to appoint one of the bank panel solicitors or keep our The Hale solicitor and pay for one of their panel ones to represent them. We regard this is inequitable; 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 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. Another option that might be available is for your The Hale conveyancing lawyer to apply to be on the conveyancing panel.
I am the registered owner of a freehold premises in The Hale but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in The Hale and has limited impact for conveyancing in The Hale 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 creation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.
I am buying a new build flat in The Hale. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in The Hale you will have to appoint a solicitor on your lender's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in The Hale.
Can you help - my lawyer says that flying freehold insurance is required on my purchase. What is the typical level of cover needed for conveyancing in The Hale?
The right level of flying freehold indemnity insurance should be dictated by who your lender. It would differ for example between Yorkshire Building Society and Leeds Building Society. Conveyancing practitioners as opposed to borrowers take out such policies.
My husband and I have organised the release of further funds on our home loan from Bank of Ireland as we want to conduct improvements to our property in The Hale. Are we obliged to appoint a local The Hale solicitor on the Bank of Ireland conveyancing panel to deal with the legals?
Bank of Ireland would not normally require firms on their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Bank of Ireland list.
We have a mortgage agreed in principle with Nottingham. The Hale conveyancing solicitors were selected. What is the average time that one could expect to receive a mortgage offer from Nottingham?
There is no definitive answer here. Have Nottingham done the survey? Have you informed Nottingham as to your lawyers' details and checked that your lawyers are on the Nottingham conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
How does the Landlord & Tenant Act 1954 impact my business offices in The Hale and how can your lawyers assist?
The particular law that you refer to affords protection to commercial lessees, granting the dueness to apply to court for a new lease and remain in occupation at the end of the lease term. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and assist with commercial conveyancing in The Hale
I am looking for a conveyancing lawyer in The Hale for my home move. Can I see a solicitor's complaints history with the legal regulator?
Anyone can review documented Solicitor Regulator Association (SRA) determinations arising from inquisitions commenced on or after Jan 2008. Go to Check a solicitor's record. For information Pre 2008, or to check a firm's record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The regulator may monitor telephone calls for training requirements.