Me and my partner are buying a 1 bedroom flat in St Luke's with a mortgage. We like our St Luke's conveyancer, but the lender advise he's not on their "panel". It seems we have no option but to appoint one of the lender panel conveyancing practices or keep our St Luke's property lawyer as well as pay for one of their panel ones to represent them. We feel that this is inequitable; are we not able to insist that the mortgage company use our St Luke's solicitor ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 St Luke's conveyancing solicitor to apply to be on the conveyancing panel.
I am the registered owner of a freehold premises in St Luke's but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in St Luke's and has limited impact for conveyancing in St Luke's 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 date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
My fiance and I are purchasing a newbuild apartment in St Luke's with a loan from Nottingham Building Society.We have a St Luke's conveyancing solicitor but Nottingham Building Society informed us she’s not listed on their "panel". It seems we are left with no choice but to instruct a Nottingham Building Society panel lawyer or retain our local solicitor and pay for a Nottingham Building Society panel lawyer to represent them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The mortgage issued to you is subject to its various provisions, one of which will be that solicitors will be on the Nottingham Building Society conveyancing panel. in the past, most lenders had large numbers of law firms on their panels: a borrower could find 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Nottingham Building Society
We previously chose conveyancers locally in St Luke's on the Skipton solicitor panel. They have just billed me a further amount for the legal aspects of the Skipton mortgage. Is this an additional conveyancing fee specified by Skipton?
As unfair as it may seem, as long as it’s in their Terms of Engagement or estimate then yes your lawyer can levy a fee for this. This charge is not dictated by Skipton but by your St Luke's conveyancer. Some firms on the Skipton panel will charge ’dealing with mortgage’ fee and others do not.
I recently had an offer accepted on a house in St Luke's. My financial adviser suggested a solicitor. I paid an on account payment of £200. Soon after, the conveyancer contacted me sheepishly admitting that they were not on the Yorkshire BS 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 Yorkshire BS 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 am due to exchange contracts on my apartment. I had a double glazing fitted in July 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, HSBC are being a right pain. The St Luke's solicitor who is on the HSBC conveyancing panel is happy to accept ‘lack of building regulation’ insurance but HSBC are insisting on a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?
It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC 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've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a simple, chain free conveyancing. St Luke's is where the house is located. What do you suggest?
Flying freeholds in St Luke's are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in St Luke's you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Luke's may ascertain 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 property.
I need to consider costs for conveyancing in St Luke's from various lawyer and appoint one. Am I right to ask them to hold tight until I have found somewhere to purchase.
We would recommend that you only ask your lawyer to open a file and apply for searches once the sales memo has been issued by the estate agent particularly as St Luke's conveyancing searches are a couple of hundred pounds.