My partner and I changing mortgage lender for our penthouse in Hackney with Co-operative. We have a son 19 who lives at home. Our solicitor requested us to identify any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Co-operative conveyancing panel as he did not need to sign this form when we purchased 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Co-operative conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Co-operative. This is solely used to protect Co-operative if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Co-operative had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I purchased a freehold house in Hackney but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Hackney and has limited impact for conveyancing in Hackney 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 many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old 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.
I had intended to instruct a property lawyer in Hackney for our house purchase. Our financial adviser informed us that our mortgage lenders Coventry Building Society won't deal with them. Why is this not regarded as unduly restrictive?
A mortgage company will require a panel solicitor act for it. Borrowers are expected to bear the charges for this. Do use our tool to get a quote from a solicitor to conduct conveyancing in Hackney on the Coventry Building Society approved list of solicitors.
My wife and I are close to exchanging contracts on the sale of our house in Hackney and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. A local conveyancer would know this is not the case. It does beg the question why the purchasers instructed a web based conveyancing firm rather than a conveyancing solicitor in Hackney. Having lived in Hackney for many years we know of no issue. Is it a good idea to contact our local Authority to seek confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
I have recentlyfound out that Arc property Solicitors have been shut down. They carried out my conveyancing in Hackney for a purchase of a freehold house 10 months ago. How can I be sure that the property is not still registered in the name of the former proprietor?
The easiest method to check if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Hackney conveyancing specialists.
We are a couple of weeks into a freehold purchase having been recommend to conveyancers by the local agent to handle our conveyancing in Hackney. I am not happy. Can you help me find new solicitors?
They would have to be very bad to suggest diss instructing them. Has the mortgage been sent? If so you will need to advise them of the replacement solicitor and ensure the mortgage documents are issued to the new lawyers. Your new conveyancer needs to be on the banks panel to avoid added fees and delays. So that should be your starting point. Our find a solicitor tool will assist you in finding a bank approved solicitor for your conveyancing in Hackney