Hinckley and Rugby Conveyancing Panel Information

Hinckley and Rugby 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 Hinckley and Rugby 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. Does your ROT and Ts and Cs cover this?

A leading search provider lists over 65 conveyancing 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:

• Disclosure/Notification to Lender analysis indicating frequency and nature of disclosures - to include benchmarking analysis against aggregate data
• Analysis as to the nature of clients (e.g.existing/new/seen in person)
• Evidence of undertaking logs
• Buy to Let transactions
• Current and historic missed priority dates

You need to be careful here as what you are suggesting may not be acceptable to the mortgage company. It is possible that you (as a non-panel firm) or the mortgage applicant are not at liberty instruct a panel firm of your choice. Lenders such as Nationwide BS make it clear to their panel firms that where a non-panel member firm is instructed by one of their mortgage applicants, the lender must appoint a panel firm to carry out its instructions and to liaise with the borrower's conveyancer. You also need to make the costs implications and potential for delay very clear to your client.

Given that your practice in is on the Hinckley and Rugby conveyancing panel and you are acting for them in relation to a leasehold property, you must report to them if it becomes apparent that the landlord is either absent or insolvent. If Hinckley and Rugby are to lend, they may require indemnity insurance. In any event,you will need to check Hinckley and Rugby’s specific requirements. Notwithstanding whether Hinckley and Rugby will lend in such circumstances you still need to advise the borrower (unless you are acting for Hinckley and Rugby alone) as to the risks of buying a property with an insolvent or absentee freeholder.

The best placed professionals to answer this question are your insurance brokers. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Hinckley and Rugby solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You should get in touch with Hinckley and Rugby to obtain standard documents. The The Council of Mortgage Lenders Handbook contains a specific section for lenders to establish who to contact to obtain standard documents. Hinckley and Rugby in their Part 2’s state: Don’t forget to disclose your Hinckley and Rugby conveyancing panel reference.