We are buying a 1 bedroom apartment in Hampshire with a mortgage. We have a Hampshire lawyer, but the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Hampshire conveyancing practitioner and pay for one of their panel firms to represent them. This feels very unfair; can we not demand that the lender use our Hampshire conveyancing practitioner ?
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 Hampshire conveyancing solicitor to apply to be on the conveyancing panel.
Do banks and building societies provide you with an approved list of Hampshire conveyancing solicitors? How do you know who is on the Lloyds conveyancing panel?
Hampshire conveyancing firms themselves provide us confirmation that they are on the Lloyds conveyancing panel as opposed to being supplied with a list from Lloyds directly.
Is it necessary to take out insurance to protect me from financial exposure to chancel repairs when purchasing a residence in Hampshire?
Unless a prior acquisition of the house took place post 12 October 2013 you could expect lawyers conducting conveyancing in Hampshire to continue to suggest a chancel search and or insurance against a claim.
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Hampshire is the location of the property. Can you offer any opinion?
Flying freeholds in Hampshire are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Hampshire you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hampshire may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
In what way can the Landlord & Tenant Act 1954 impact my business premises in Hampshire and how can your lawyers assist?
The particular law that you refer to gives a safeguard to business lessees, giving them the right to apply to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Hampshire is one of the many areas of the UK in which the firms we work with are located