Me and my partner are purchasing a 2 bedroom flat in Winchester with a mortgage. We like our Winchester lawyer, but the mortgage company says she’s not on their "panel". It appears that we have little choice but to select one of the lender panel firms or continue with our Winchester and pay for one of their panel lawyers to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer 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. A further alternative is for your Winchester conveyancing lawyer to apply to be on the conveyancing panel.
Is it the case that all Winchester CQS (Conveyancing Quality Scheme) solicitors are on the conveyancing panel?
Some major lenders now utilise the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
We are getting the release of further funds on our mortgage from as we wish to carry out renovations to our property in Winchester. Are we obliged to choose a nearby Winchester solicitor on the conveyancing panel to handle the legals?
don't usually instruct a member of their approved list of lawyers 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 panel.
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Winchester bank branch on various occasions and was told it does not affect the mortgage offer and they will lend. My Winchester conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
The must comply with the CML Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am buying a house and the solicitor has raised the issue of Chancel Repair for which the house could be obligated to pay given it’s proximity to the area of such a church. She has suggested insurance. Is this strictly required for conveyancing in Winchester
Unless a previous purchase of the house took place post 12 October 2013 you can take it that lawyers delivering conveyancing in Winchester to continue to propose a a chancel search and or chancel repair liability insurance.
My cousin has recommend that I instruct his conveyancing solicitors in Winchester. Should I use them?
There are no two ways about it it’s preferable to choose a conveyancing lawyer is to seek feedback from friends or relatives who have previously instructed the solicitor that you are considering.
My wife and I purchased a leasehold flat in Winchester. Conveyancing and mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Winchester who acted for me is not around. Any advice?
First contact the Land Registry to be sure that this person is indeed the new freeholder. There is no need to incur the fees of a Winchester conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I purchased a garden flat in Winchester, conveyancing formalities finalised 1995. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding properties in Winchester with a long lease are worth £165,000. The ground rent is £45 yearly. The lease expires on 21st October 50
With 50 years remaining on your lease the likely cost is going to be between £36,100 and £41,800 as well as costs.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.