I plan on buying a ground floor flat in Hartlepool. My Conveyancer has never been on on the mortgage company approved panel. Is it possible for me to appoint my Hartlepool conveyancing solicitor notwithstanding that they are not on the lender approved list?
Various options include
- Carry on with your chosen Hartlepool solicitor but your lender will no doubt appoint a lawyer from their approved panel. The net result is additional fees and potential frustration.
- Appoint a fresh conveyancing practitioner to act in the purchase, ensuring that they are on the mortgage company conveyancing panel.
- Appeal to your property lawyer to seek to join the mortgage company panel
My partner and I are refinancing our flat in Hartlepool with Co-operative. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the property is repossessed. I have two concerns (1) Is this document specific to the Co-operative conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) Does our son by signing this extinguish his entitlement 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 premises in Hartlepool yet charged rent, why is this and what is this?
It is rare for properties in Hartlepool and has limited impact for conveyancing in Hartlepool 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 many centuries, but the Rent Charge Act 1977 barred the establishment of new 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 after 2037 will be dispensed with completely.
My aunt advised me that in purchasing a property in Hartlepool there could be various restrictions preventing external changes to the property. Is this right?
There are a number of properties in Hartlepool which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Hartlepool should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am purchasing a property in Hartlepool. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Kent Reliance be concerned?
As you are obtaining a mortgage with Kent Reliance your lawyer must follow the conveyancing instructions set out in Part 2 of UK Finance Lenders’ Handbook for Kent Reliance. The CML Handbook includes minimum provisions for solar panel roof-space leases, and solicitors are required to report to Kent Reliance where a lease fails to meet these requirements. The provisions relate to the installation of panels on properties nationwide and is not isolated to Hartlepool.
After much negotiation I have agreed a price on an apartment in Hartlepool. My financial adviser recommended their conveyancers. I paid an upfront payment of £225. Shortly after, the lawyer contacted me to say that they were not on the HSBC 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 HSBC 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.
How does conveyancing in Hartlepool differ for newly converted properties?
Most buyers of new build premises in Hartlepool approach us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because house builders in Hartlepool typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Hartlepool or who has acted in the same development.
I am looking for a ground for flat up to £245,000 and identified one near me in Hartlepool I like with amenity areas and transport links in the vicinity, the downside is that it only has 61 remaining years left on the lease. I can't really find anything else in Hartlepool for this price, so just wondered if I would be making a grave error buying a lease with such few years left?
If you require a home loan the shortness of the lease will be a potential deal breaker. Discount the price by the amount the lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of 2 years you could request that they commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor concerning this matter.