Am I correct in assuming that the fact that my conveyancer in Westminster is not on my bank's solicitor panel that there is a problem with the quality of her work?
That is most likely a wrong assumption to make. There are plenty of reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Westminster conveyancing practice and ask them why they are no longer on the approved list for your lender.
My apartment in Westminster is up for sale and I have a purchaser. Does my conveyancing practitioner have to be required to be on the Lloyds conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Lloyds conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently at the moment.
My aunt pointed out to me me that in purchasing a property in Westminster there could be a number of restrictions affecting the ability to carry out external changes to a property. Is this right?
We are aware of anumerous of properties in Westminster which have some sort of restriction or requirement of consent to carry out external variations. Part of the conveyancing in Westminster should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are getting the release of further monies on our mortgage from Santander as we wish to carry out alterations to our home in Westminster. Are we obliged to choose a local Westminster solicitor on the Santander conveyancing panel to deal with the legals?
Santander don't usually require firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Santander panel.
I was told three weeks ago that my mortgage has been agreed to by Barclays. Is it usual for Barclays to only issue the offer once my solicitor in Westminster is approved on their conveyancing panel? Barclays have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
Mortgage companies tend not to not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Barclays to deal with your lawyer's application to be on the Barclays conveyancing panel. There's no guarantee that your solicitor will be accepted.
What does a local search tell me about the house we're buying in Westminster?
Westminster conveyancing often commences with the submitting local authority searches directly from your local Authority or via a personal search organisations such as Searches UK The local search plays an important role in many a Westminster conveyancing purchase; as long as you don’t want any unpleasant surprises after you move into your property. The search will supply data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.
I am buying a new build apartment in Westminster. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Westminster
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
When it comes to my conveyancing in Westminster should I be paying VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Westminster conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the conveyancer's time in submitting the funds this way.