My wife and I are looking to buy a property in Kempston and have instructed a Kempston conveyancing practice. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. National Westminster Bank have this morning contacted us to advise us that there is now an issue as our Kempston conveyancer is not on their conveyancing panel. What do we do from here?
If you are buying a property needing a mortgage it is conventional for the purchasers' solicitors to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Kempston solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
It is a dozen years since I acquired my home in Kempston. Conveyancing lawyers have now been instructed on the sale but I can't locate the title deeds. Will this cause complications?
Don’t worry too much. Firstly there is a chance that the deeds will be kept by the mortgage company or they could be in the possession of the conveyancers who oversaw your purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Kempston relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
My Conveyancer in Kempston has never been on on the Chelsea Building Society Approved Panel. Is it possible for me to continue with my prefered solicitor even though they are not on the Chelsea Building Society panel of approved conveyancing solicitors?
The limited options available to you here include:
- Carry on with your preferred Kempston solicitors but Chelsea Building Society will need to instruct a conveyancer on their panel. This will inevitably rack up the total conveyancing charges as well as cause frustration.
- Choose a new practitioner to act in the purchase, obviously checking they are Persuade your solicitor to use their best endeavours to join the Chelsea Building Society conveyancing panel
My brother has recommend that I appoint his lawyers for conveyancing in Kempston. Should I use them?
No doubt the ideal way to choose a conveyancing solicitor is to have referrals from friends or relatives who have previously instructed the solicitor you're considering.
I want to let out my leasehold apartment in Kempston. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
A small minority of properties in Kempston do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Kempston Leasehold Conveyancing - Examples of Queries before Purchasing
How long is the Lease? What restrictions are there in the Kempston Lease? Plenty Kempston leasehold properties will be liable to pay a service bill for maintenance of the building invoiced by the management company. Should you buy the property you will have to meet this liability, normally quarterly throughout the year. This could differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a rentcharge for you to pay yearly, normally this is not a large sum, say around £25-£75 but you need to enquire it because on occasion it can be many hundreds of pounds.
We have AIP from Halifax who indicated that they will lend up to £350k. At what point do I need to appoint a lawyer for conveyancing? Kempston is where we are purchasing.
It would be wise to appoint a conveyancer now so that the property lawyer can open the ledger so they can conduct the AML checks etc. If and when you wish them to start work you will be asked for a deposit normally about £175. That should normally be once you have the loan offer from the bank and valuation back, but if you wish to speed matters you can start the ball rolling quicker even though you may be risking some money.