I am one month into the sale of my flat in Kingsland and the estate agent has just e-mailed to say that the purchasers are changing their conveyancer. I am told that this is due to the fact that the lender will only deal with property lawyers on their approved list. On what basis would a major lender only work with certain law firms rather the firm that they want to appoint for their conveyancing in Kingsland ?
Banks have always had panels of law firms they are willing to work with, but in recent years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 25 years.
Mortgage companies point to the increase in fraud by way of justification for the pruning – criteria have been narrowed as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any sway in the decision.
I own a freehold residence in Kingsland but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Kingsland and has limited impact for conveyancing in Kingsland 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 post 2037 will be extinguished.
I am helping my sister sell her property in Kingsland. Will the conveyancing solicitor arrange an energy assessment or should I organise this?
Following the abolition of Home Packs, EPC’s became a compulsory component of moving house. An energy performance certificate should be to hand in advance of the property being marketed. This is not something that law firms ordinarily arrange. Where you are using a Kingsland conveyancing practitioner they may help arrange energy performance certificates given their contacts with long established local energy assessors
My wife and I purchasing a victorian detached house in Kingsland. We would like to convert the garage to an office at the house.Will the conveyancing process involve checks to ascertain if these alterations were previously refused?
Your conveyancer will review the registered title as conveyancing in Kingsland will occasionally identify restrictions in the title documents which restrict categories of works or need the consent of a 3rd party. Many extensions call for local authority planning permissions and approval in compliance with building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
I can not fathom if my lender requires a lease extension. I have called my Kingsland building society branch on numerous occasions and was told it does not impact the mortgage offer and they will lend. My Kingsland conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they will not lend based on their published requirements. Who do I believe?
As long as the conveyancing practitioner is on the lender panel, she or he must follow the CML Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I'm purchasing a new build house in Kingsland with the aid of help to buy. The builders would not reduce the amount so I negotiated £7000 of extras instead. The estate agent suggested that I not disclose to my conveyancer about the extras as it will impact my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My father has suggested that I instruct his lawyers for conveyancing in Kingsland. Do I take his recommendation?
No doubt it’s preferable to choose a conveyancing practitioner is to have guidance from friends or family who have actually used the firm that you are considering.
A conveyancing company handled my conveyancing in Kingsland half a dozen years past and was holding my registration documents but has now closed – how do I get hold of these?
Deeds, as such, no longer exist as most homes in Kingsland are registered digitally at Land Registry. Should you need to prove ownership or are selling or refinancing your property lawyer should obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.