My solicitor has uncovered a defect with the lease for the flat we are buying in Barnsley. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer says that he must be satisfied that the bank is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am the registered owner of a freehold house in Barnsley but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in Barnsley and has limited impact for conveyancing in Barnsley but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
I used Wolstenholmes several years ago for my conveyancing in Barnsley. Now, I need my documents however the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Barnsley of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I need to retain a conveyancing solicitor for leasehold conveyancing in Barnsley. I have chance upon a site which looks to be the perfect answer If there is a chance to get all formalities done via phone that would be ideal. Should I be wary? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
We are contemplating using an online lawyer as opposed to a Barnsley conveyancing practice. Am I making a mistake?
Advantages do exist in having the opportunity to pop in to a local Barnsley conveyancing solicitor for example
- signing documents and and when necessary
- getting one on one explanations of issues that need explaining
- the ability to complain if matters are not going as expected
When checking quotes, look carefully for hidden extras. Most decent Barnsley high street solicitors give an all-inclusive price. Often online agents seem to offer discounted prices, yet have hidden 'extras' in the fine print.