Me and my partner are purchasing a flat in Biggin Hill. My Conveyancer has never been on on the mortgage company approved list. Can I still retain my Biggin Hill conveyancing solicitor notwithstanding that they are excluded from the bank panel of approved conveyancing solicitors?
Your options include
- Carry on with your chosen Biggin Hill lawyer but your bank will no doubt retain a lawyer from their approved panel. The net result is additional charges and potential interruption.
- Get a new solicitor to act in the purchase, obviously checking they are on the bank conveyancing panel.
- Convince your solicitor to do everything within their powers to get accepted on the mortgage company conveyancing panel
I own a freehold premises in Biggin Hill but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Biggin Hill and has limited impact for conveyancing in Biggin Hill 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 have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
I am helping my mother sell her house in Biggin Hill. Does the conveyancing solicitor order an energy assessment or should I organise this?
After the abolition of Home Packs, EPC’s remained a required part of moving house. An energy performance certificate should be to hand prior to the property being marketed. It is not a task that conveyancers normally organise. If you are instructing a Biggin Hill conveyancing practitioner they might be willing to arrange energy assessments given their contacts with reputable local accredited person
I recently had an offer agreed on an apartment in Biggin Hill. My financial adviser recommended their conveyancers. I paid an upfront payment of £175. Shortly after, the conveyancer contacted me to say that they were not on the Skipton conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Skipton panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am due to exchange contracts on my flat. I had a double glazing fitted in April 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Aldermore are being difficult. The Biggin Hill solicitor who is on the Aldermore conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
A friend recommended that where I am buying in Biggin Hill I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes included in the estimate for your Biggin Hill conveyancing searches. It is not a small document of more than thirty pages, listing and setting out important information about Biggin Hill around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Biggin Hill Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Biggin Hill Education with plans and statistics, Local Amenities and other useful information about Biggin Hill.
I'm buying a new build house in Biggin Hill with the aid of help to buy. The sellers would not budge the price so I negotiated 6k of additionals instead. The property agent advised me not to tell my lawyer about the extras as it would jeopardize my loan with Birmingham Midshires. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I opted to have a survey completed on a property in Biggin Hill ahead of appointing solicitors. I have been told that there is a flying freehold element to the property. The surveyor has said that some banks tend not give a loan on such a property.
It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. If you call us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Biggin Hill. Conveyancing will be smoother if you use a solicitor in Biggin Hill especially if they regularly deal with such properties in Biggin Hill.