I am not well enough to travel far from Eltham. I would like to know the reason why all Eltham conveyancing practitioners aren't automatically on all bank panels?
Even though it may seem unfair for lenders to limit who can represent them, from the public’s or conveyancer’s viewpoint, the flip side is that banks are becoming ever more anxious and regard it essential to shield themselves against illegal activities. As a consequence of this concern lenders have reduced their panel of approved conveyancing lawyers to a size that they are happy to control.
I own a freehold premises in Eltham but still invoiced for rent, why is this and what is this?
It is rare for properties in Eltham and has limited impact for conveyancing in Eltham 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 generation of new rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
is it true that all Eltham solicitors on the Co-operative conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Co-operative approved list of solicitors they would need to be overseen by the Solicitors Regulatory Authority. Many mortgage companies do permit licenced conveyancers on their panel and in that case the organisation would be overseen by the CLC.
My wife and I are in the throws of viewing houses in Eltham and I am now considering a potential offer. Should I already have a conveyancing practitioner appointed at this stage? I will be getting a mortgage with TSB.
You should start requesting conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. Given that you are obtaining a mortgage with TSB, make sure you remember to check that your lawyer is on the TSB conveyancing panel.
I am due to exchange contracts on my apartment. I had a double glazing fitted in October 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Co-operative are being problematic. The Eltham solicitor who is on the Co-operative conveyancing panel is saying indemnity insurance will be fine but Co-operative are requiring a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative 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.
Just had an offer accepted on a new build flat in Eltham. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Eltham
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are architect prepared. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Forfeiture - bankruptcy or liquidation must not apply under this provision.
I opted to have a survey done on a house in Eltham prior to retaining conveyancers. I have been informed that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies will not grant a mortgage on a flying freehold property.
It varies from the lender to lender. Bank of Scotland has different requirements from Birmingham Midshires. If you contact us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Eltham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Eltham to see if the conveyancing costs will increase in light of this.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the mortgage company conveyancing panel. My lawyer has said that they are on the mortgage company approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the lender conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the mortgage company solicitor panel.