I am selling my home in Glastonbury and the estate agent has just telephoned to advise that the purchasers are appointing a new conveyancer. The excuse is that the bank will only engage with solicitors on their conveyancing panel. Why would a major mortgage company only work with certain lawyers rather the firm that they want to appoint for their conveyancing in Glastonbury ?
Mortgage companies have always had panels of law firms they are content to work with, but in the past few years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Lenders justify this action to a rise in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
The Glastonbury conveyancing solicitors that I appointed last week on my purchase in Glastonbury have suddenly shut down. I only went with them because I had to have a solicitor on the HSBC conveyancing panel and my preferred Glastonbury lawyer was not. I sent them a cheque for £250 in advance. What should be my next steps?
If you have an estate agent involved then let them know immediately so that they advise the vendors that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the HSBC conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
I bought my flat on 2 September and the transaction details are still not on the land registry website. Any reason for this? My conveyancing solicitor in Glastonbury expressed confidence that it will be registered in less than a month. Are titles in Glastonbury particularly slow to register?
As far as conveyancing in Glastonbury registration is no quicker or slower than anywhere else in the country. Rather than based on location, timescales can vary subject to the party submitting the application, whether it is in order and whether the Land registry need to notify any other persons or bodies. As of today approximately 80% of such applications are fully dealt with in less than three weeks but occasionally there can be longer hold-ups. Registration is effected after the new owner has moved in to the premises thus an expedited registration is not always top priority yet if it is urgent that the the registration takes place urgently then you or your solicitor can contact the land registry and explain the circumstances.
Am I right to be concerned by estate agents that I am dealing with are recommending a nationwide conveyancing firm as opposed to a High Street Glastonbury conveyancing practice?
As with many service providers, often referrals from connections can be extremely useful or valuable. But there are many players in a conveyancing transaction; estate agents, financial adviser and mortgage companies might all suggest lawyers to retain. On occasion the solicitors might be known to one of the organisations as experts in their field, but sometimes there might be a commercial relationship behind the recommendation. You have the right to appoint your preferred conveyancer. However, bear in mind that most lenders specify a panel list of solicitors you have to use for the lender aspect of your house move.
I am employed by a reputable estate agent office in Glastonbury where we have experienced a number of flat sales jeopardised as a result of short leases. I have been given conflicting advice from local Glastonbury conveyancing firms. Please can you confirm whether the owner of a flat can initiate the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I purchased a split level flat in Glastonbury, conveyancing having been completed April 1998. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent flats in Glastonbury with a long lease are worth £216,000. The ground rent is £50 levied per year. The lease ceases on 21st October 2093
With just 68 years unexpired the likely cost is going to be between £9,500 and £11,000 plus professional fees.
The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not move forward based on this information without first seeking the advice of a professional.