Some advice if I may. My Shortlands conveyancer is assuring me that she is duty bound toorder Shortlands conveyancing searches due to the fact thatthe firm are on the Santanderapproved lawyer panel. Do I not have a choice here?
You have limited options available to you. Given that you are taking out a loan with a mortgage company your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Shortlands conveyancing searches.
I am the registered owner of a freehold property in Shortlands but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Shortlands and has limited impact for conveyancing in Shortlands 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 hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
When it comes to mortgage companies such as Bank of Ireland, do Shortlands conveyancers incur an annual charge to be on the conveyancing panel?
We are not aware of any lender fees to register on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
I am selling my apartment. I had a double glazing fitted in November 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Santander are being problematic. The Shortlands solicitor who is on the Santander conveyancing panel is saying indemnity insurance will be fine but Santander are requiring a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?
It is probably the case that Santander have referred the matter to their valuer. The reason why Santander may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have instructed a Shortlands solicitor having checked that they are on the RBS conveyancing panel. Does my lawyer arrange the survey of the property?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Shortlands postcode. As you are getting a mortgage with RBS, you could contact them to see if they have a list of approved surveyors in Shortlands.
I moved into my home on 8 February and the transaction details is yet to be on the land registry website. Need I be worried? My conveyancing solicitor in Shortlands advises it would be registered in a couple of weeks. Are properties in Shortlands uniquely lengthy to register?
There is nothing unique about conveyancing in Shortlands registration formalities. Rather than based on location, timeframes can vary according to the party submitting the application, whether there are errors and if the Land registry must send notices to any interested parties. Currently in the region of three quarters of such applications are fully addressed within two weeks but occasionally there can be extensive hold-ups. Historically registration takes place after the new owner is living at the property thus 'speed' is not always top priority but where there is a degree of urgency associated with the registration then you or your conveyancer can contact the land registry and explain the circumstances.
In what way does the Landlord & Tenant Act 1954 affect my business property in Shortlands and how can your lawyers assist?
The 1954 Act gives protection to business tenants, giving them the a statutory right to make a request to court for a continuation of occupancy when the lease reaches an end. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Shortlands is one of our many locations in which the firms we work with are located
As co-executor for the will of my aunt I am disposing of a property in Neath but live in Shortlands. My solicitor (based 200 miles from mehas requested that I execute a statutory declaration before the transaction finalising. Could you suggest a conveyancing solicitor in Shortlands to witness and place their company stamp on the document?
strictly speaking you should not need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are based in Shortlands