Ahli United Bank Conveyancing Panel Information

Paragraph 16.2.1 of Part 1 of the Handbook applicable to a solicitor on the Ahli United Bank conveyancing panel reads ‘Our mortgage secures further advances. Consequently, when a further advance is required for alterations or improvements to the property we will not normally instruct a member of our conveyancing panel but if you are instructed the appropriate provisions of this Handbook will apply’.

Ahli United Bank make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Ahli United Bank are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the borrower.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Is this covered within your Terms of Engagement or Report on Title?

One search provider lists over 65 property searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location call your search provider or call one of the leading search companies such as Searchflow.

There are many reports available, five of which are as follows:

• Evidence of undertaking logs
• Current and historic missed priority dates
• Buy to Let transactions
• The percentage of the firm’s business which is conveyancing (broken down into sale/purchase and remortgage)
• Analysis as to the nature of clients (e.g.existing/new/seen in person)

When a solicitor is acting for both Ahli United Bank and borrower there is potential for conflicts to arise. You owe duties to both clients. All information received by you from your client is confidential and cannot be disclosed without the client’s consent. In the situation you find yourself in if the purchaser will not consent to the information being passed on to the lender the solicitor must cease to act for the Ahli United Bank and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Ahli United Bank the reason for termination of the retainer over and above the fact that a conflict has arisen. The fact that you can no longer act should alert even the most somnambulistic of lenders that something is wrong with the borrower and/or purchase. The fact that you have disinstructed yourself should not affect your Ahli United Bank conveyancing panel status.

We would recommend that you provide details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not negatively affect your firm’s application but gives the Law Society a complete picture of what has occured.

You should get in touch with Ahli United Bank to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an express section for banks to enumerate who to contact to obtain standard documents. Ahli United Bank in their Part 2’s state: Don’t forget to disclose your Ahli United Bank solicitors panel number.