My partner and I are getting closer to an exchange on a house in Gillingham and my mum and dad have transferred the ten percent deposit to my lawyer. I am now advised that as the deposit has been sent from someone other than me my conveyancing practitioner needs to disclose this to my mortgage company. Apparently, in also acting for the bank he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the lender about my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
The conveyancing practitioner is duty bound to clarify with the bank to ensure that they understand that the balance of the purchase price is not from your own funds. The solicitor can only report this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
I purchased a freehold house in Gillingham yet pay rent, why is this and what is this?
It is rare for properties in Gillingham and has limited impact for conveyancing in Gillingham 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 new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
The Gillingham conveyancing solicitors that I appointed last week on my purchase in Gillingham have suddenly shut down. I only went with them because I had to have a lawyer on the Nottingham conveyancing panel and my previous Gillingham lawyer was not. I wrote them a cheque for £250 in advance. What do I do now?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Nottingham conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to assist.
Me and my partner are buying a flat in Gillingham. I might seem paranoid but how we can trust a lawyer? On completion day we will need to deposit funds into their account. What protection do we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
My stepmother advised me that in purchasing a property in Gillingham there may be various restrictions preventing external changes to the property. Is this right?
There are a number of properties in Gillingham which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Gillingham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am buying a terrace house in Gillingham. The intention is to carry out an extension to the side at the property.Will the conveyancing process involve enquiries to see if these alterations are permitted?
Your property lawyer will review the deeds as conveyancing in Gillingham will on occasion reveal restrictions in the title deeds which prohibit certain changes or require the permission of a 3rd party. Some extensions require local authority planning consent and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be prudent to check these things with a surveyor before you commit yourself to a purchase.
Due to the advice of my in-laws I had a survey completed on a house in Gillingham prior to retaining conveyancers. I have been told that there is a flying freehold element to the property. My surveyor advised that some banks tend not issue a mortgage on a flying freehold property.
It depends who your proposed lender is. Lloyds has different instructions from Nationwide. Should you wish to call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Gillingham. Conveyancing may be slightly more expensive based on your lender's requirements.
I have been advised by a number of property agents in Gillingham to choose a conveyancer using your seach tool. Is there a financial upside for Estate Agents to promote your site over alternative conveyancing organisations?
We don’t make any financial incentive for pointing buyers and sellers our way. We thought it would be too underhand to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.