We are buying a 3 bedroom apartment in Lewes with a mortgage. We would like to retain our Lewes lawyer, however the mortgage company advise he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or continue with our Lewes conveyancer and pay for one of their panel lawyers to act for them. We consider that this is inequitable; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Lewes conveyancing solicitor to apply to be on the conveyancing panel.
is it true that all Lewes conveyancing solicitors on the UBS conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the UBS conveyancing panel they would need to be overseen by the Solicitors Regulatory Authority. Some lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers.
I have a mortgage with Leeds Building Society for my property in Lewes. Conveyancing was finalised a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Leeds Building Society?
Leeds Building Society must be informed of your intention in advance of letting out your property as this is likely to be a breach of Leeds Building Society’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Leeds Building Society directly. You need not do this via a Leeds Building Society conveyancing panel firm.
After much negotiation I have agreed a price on a house in Lewes. My financial adviser pressured me to appoint their property lawyer. I paid an on account payment of £200. A couple of days later, the solicitor called me sheepishly admitting that they were not on the Barclays 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 Barclays 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.
I have todaybeen informed that Stirling Law have closed. They carried out my conveyancing in Lewes for a purchase of a leasehold flat 10 months ago. How can I establish that the property is in my name in the name of the former proprietor?
The quickest method to check if the premises is in your name, you can carry out 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 Lewes conveyancing specialists.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Lewes is where the house is located. Can you shed any light on this issue?
Flying freeholds in Lewes are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Lewes you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lewes may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
In what way does the Landlord & Tenant Act 1954 affect my business property in Lewes and how can you help?
The 1954 Act affords protection to commercial leaseholders, granting the legal entitlement to make a request to court for a renewal tenancy and remain in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Lewes is one of the hundreds of areas of the UK in which our lawyers have offices
I am hoping to sign contracts shortly on a studio apartment in Lewes. Conveyancing lawyers have said that they will have a report out to me on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Lewes should include some of the following:
-
You would want to be sent a copy of the lease Does the lease require carpeting throughout thus preventing wood flooring? You should have a good understanding of the building insurance obligations Responsibility for maintaining the window frames The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided.
Leasehold Conveyancing in Lewes - A selection of Questions you should ask before Purchasing
-
Are any of leasehold owners in dispute over their service charge liability? What is the name of the managing agents? Is there a share of the freehold?