In what way does my ID and proof of funds have anything to do with my conveyancing in Brentwood? What am I being asked for?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the identity of the potential client they are dealing with before they can accept their conveyancing instruction. The Terms of Engagement that you need to sign should confirm this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. Where you are unwilling to provide ID verification documents, your lawyer can not take you on as a client.
Is it correct that all Brentwood CQS (Conveyancing Quality Scheme) solicitors are on the TSB conveyancing panel?
A selection of lenders now make use of the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
I have paid off my mortgage with Lloyds. I assume I don't need a Brentwood conveyancing practitioner on the Lloyds panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Brentwood solicitor - who is on the Lloyds conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Lloyds will need an independent valuation of the property. Your lawyer will not arrange this. Usually Lloyds will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Brentwood postcode. As you are getting a mortgage with Lloyds, you could contact them to see if they have a list of approved surveyors in Brentwood.
Various online forums that I have come across warn that are the number one cause of hinderance in Brentwood conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of delays in the conveyancing process. Searches are not likely to be the root cause of holding up conveyancing in Brentwood.
I am thinking of appointing a conveyancing lawyer in Brentwood for my house move. Is there any facility to see a solicitor's complaints history with the profession’s regulator?
Anyone can read published Solicitor Regulator Association (SRA) decisions stemming from inquisitions started on or after 1 January 2008. Go to Check a solicitor's record. To find details about the period before 1 January 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The SRA may recorded telephone calls for training reasons.
I am a negotiator for a reputable estate agency in Brentwood where we have witnessed a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Brentwood conveyancing firms. Can you confirm whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start 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 sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder 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.
Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Brentwood. Can we issue an application to the Residential Property Tribunal Service?
Most definitely. We can put you in touch with a Brentwood conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Brentwood residence is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case affected 1 flat. The unexpired lease term was 57.5 years.
Is it true that a Brentwood conveyancing solicitor taken to court by clients for not carrying out the right conveyancing investigations?
We are not aware of such a Brentwood conveyancing matter but according to a recent report, clients acquiring a property elsewhere in England successfully won a case against their conveyancing practitioner as a consequence of development permission to erect a wind farm failing to be picked up in conveyancing searches.
Where you are contemplating buying a home in Brentwood It is important that your lawyer purchase all Brentwood conveyancing searches required making sure that you have relevant and up to date information before buying a property.