We are purchasing a 2 bedroom flat in The Hale with a mortgage. We have a The Hale lawyer, but the bank says he's not on their "panel". It appears that we have no choice but to instruct one of the bank panel solicitors or retain our The Hale lawyer and pay for one of their panel lawyers to represent them. This feels very unfair; can we not demand that the lender use our The Hale lawyer ?
Unfortunately,no. The mortgage offered to you 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. Another option that might be available is for your The Hale conveyancing solicitor to apply to be on the conveyancing panel.
I have given 8 weeks notice to my existing landlord and must vacate my let out apartment in The Hale by the end of next month. Conveyancing for my house purchase is underway. Is it possible to complete in three weeks as don't want to have to find temporary accommodation?
The normal practice is not to provide notice on a rental unless your lawyer suggests that you should. If you have not previously done so, notify to your solicitor and request that they seek the assistance the owners side, try to an agreed time frame that everyone will aim to achieve
I am buying a property in The Hale. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Barclays be concerned?
Given that you are obtaining a mortgage with Barclays your lawyer must follow the formal instructions contained in Section two of UK Finance Lenders’ Handbook for Barclays. The CML Handbook stipulates minimum requirements for solar panel roof-space leases, and lawyers are required to report to Barclays where a lease fails to meet these conditions. The conditions relate to the installation of panels on properties countrywide and is not limited to The Hale.
I have today made my last payment due on my mortgage with TSB. I assume I don't need a The Hale lawyer on the TSB panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your TSB mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the TSB mortgage from the register. TSB, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where TSB has sent the Land Registry the discharge electronically, and
- TSB has instructed the Land Registry to do so
The formalities of my remortgage has taken place for my property in The Hale. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
It has been 4 months since my purchase conveyancing in The Hale took place. I have checked the Land Registry site which shows that I paid £150,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Jane (my partner) and I may need to let out our The Hale basement flat temporarily due to a new job. We instructed a The Hale conveyancing practice in 2002 but they have closed and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
The lease governs the relationship between the freeholder and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in The Hale do not contain subletting altogether – such a clause would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in The Hale. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a The Hale conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a The Hale flat is 20 Orchard Court Stonegrove in June 2009. The tribunal decided that a premium of £11,040 should be payable for the new lease This case related to 1 flat. The unexpired lease term was 71.55 years.
As a tenant I am liable for a maintenance fee for my appartment in The Hale. Due to redundancy and other issues I fell behind with remittance. The managing agents agreed a clearance plan but there remains two outstanding as of today.
I now wish to sell and I am nervous that this may hold me back if I have to settle the amount due now. Do I have to settle before - is this achievable?
Your conveyancer will hopefully be in a position to negotiate with the appropriate parties, with a new to seeing if they would accept settlement out of the sale proceeds. This is an example of why it is advisable to instruct a property lawyer in The Hale as they are likely to have a strong line of communication with the parties.