Is the fact that my solicitor in Gillingham is not on my mortgage company's conveyancing panel that there is a problem with the quality of his conveyancing?
That is more than likely an incorrect assumption to make. There are plenty of plausible explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the Gillingham conveyancing firm and enquire why they are no longer on the approved list for your lender.
Is there a reason why leasehold purchase conveyancing in Gillingham costs more?
In short, leasehold conveyancing in Gillingham and Kent usually warrants extra due diligence compared to freehold conveyancing. This includes lease investigation, communicating with the landlord concerning the service of required notices, procuring up-to-date service charge and management information, procuring the freeholder’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first granted.
We are getting a further advance on our mortgage from UBS as we wish to conduct renovations to our house in Gillingham. Do we need to appoint a high street Gillingham solicitor on the UBS conveyancing panel to deal with the paperwork?
UBS would not normally require firms on their conveyancing panel 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 UBS list.
We were going to get a DIP from Nationwide this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Nationwide recommend any Gillingham solicitors on the Nationwide conveyancing panel, or is it better to go independently?
You will need to appoint Gillingham solicitors independently although you'll need to choose one on the Nationwide conveyancing panel. The solicitor represents both you and Nationwide through the process.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Gillingham bank branch on various occasions and was told they are content with the situation and they will lend. My Gillingham conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your property lawyer must comply with the Council of Mortgage Lenders’ Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the bank 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.
We are selling our house in Gillingham and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. Any local conveyancer would know this is not the case. For the life of me I don't know why the buyers used a nationwide conveyancing practice as opposed to a conveyancing solicitor in Gillingham. Having lived in Gillingham for 5 years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
How and when do I incur the Stamp Duty Land Tax due for my Gillingham flat purchase?
The majority of lawyers will fill out a Land Transaction Return Form for you during your Gillingham conveyancing transaction for signature. After completion your conveyancer will submit your STL application to the Inland Revenue and - assuming they have the funds - pay any land tax payable on your behalf.