We decided to purchase a newbuild flat in Hermitage with a loan from National Westminster Bank.We would like to retain our Hermitage conveyancing lawyer but National Westminster Bank informed us his firm is not on their approved list of firms. It seems we have little choice but to instruct a National Westminster Bank panel lawyer or retain our high street solicitor and fork out for a National Westminster Bank panel lawyer to represent them. We feel as though this is unjust; is there anything we can do?

No, not really. The mortgage issued to you is subject to its terms and conditions, one of which will be that solicitors will be on the National Westminster Bank approved list. Until recently, most banks had large numbers of solicitors 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 National Westminster Bank

How does conveyancing in Hermitage differ for new build properties?

Most buyers of new build property in Hermitage contact us having been asked by the developer to sign contracts and commit to the purchase even before the residence is built. This is because house builders in Hermitage usually acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Hermitage or who has acted in the same development.

Due to the input of my in-laws I had a survey completed on a property in Hermitage before retaining lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor has said that some banks may not grant a mortgage on such a home.

It depends who your proposed lender is. Lloyds has different requirements for example to Birmingham Midshires. If you contact us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hermitage. Conveyancing will be smoother if you use a solicitor in Hermitage especially if they are familiar with such properties in Hermitage.

Back In 2001, I bought a leasehold house in Hermitage. Conveyancing and Lloyds TSB Bank mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Hermitage who previously acted has long since retired. Any advice?

First make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. There is no need to instruct a Hermitage conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Leasehold Conveyancing in Hermitage - Sample of Queries before buying

What restrictions are contained in the Hermitage Lease? Does the lease have more than 90 years remaining? Best to be warned whether changing the roof or some other major work is coming up to be shared by the leaseholders and will dramatically impact the level of the maintenance fees or necessitate a one time invoice.

Why can I not complete my conveyancing in Hermitage on Good Friday?

This is due to the fact that on completion the money needs to be transferred electronically between the banks of the buyer and owner’s conveyancer and at present this can only happen on a business day. So you can't complete on a saturday or sunday either.