My husband and I are intending to purchase a 2 bedroom flat in High Wycombe with a mortgage. We wish to retain our High Wycombe conveyancer, but the bank says she’s not on their "panel". We have to appoint one of the bank panel solicitors or continue with our High Wycombe lawyer as well as pay for one of their panel lawyers to represent them. We regard this is unjust; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. Another option that might be available is for your High Wycombe conveyancing lawyer to apply to be on the conveyancing panel.
I purchased a freehold residence in High Wycombe but still charged rent, why is this and what is this?
It’s unusual for properties in High Wycombe and has limited impact for conveyancing in High Wycombe 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 establishment of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
I am close to exchanging contracts on the sale of our home in High Wycombe and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. Any high street High Wycombe conveyancer would know that there is no such problem. It does beg the question why the purchasers instructed a web based conveyancing practice as opposed to a conveyancing solicitor in High Wycombe. Having lived in High Wycombe for many years we know of no issue. Should we get in touch with our local Authority to obtain confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor currently acting for you. Are they able to advise? You must 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 health insurance to cover that same sickness)
I need to instruct a conveyancing lawyer in High Wycombe for my purchase. Can I review a firm’s complaints history with the profession’s regulator?
Anyone can find published Solicitor Regulator Association (SRA) determinations resulting from investigations started on or after Jan 2008. Visit Check a solicitor's record. For records Pre 2008, or to check a solicitors history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The regulator may recorded telephone calls for training reasons.
I work for a busy estate agency in High Wycombe where we have witnessed a few leasehold sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local High Wycombe conveyancing solicitors. Please can you confirm whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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 ground floor flat in High Wycombe, conveyancing having been completed 6 years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in High Wycombe with over 90 years remaining are worth £206,000. The ground rent is £45 levied per year. The lease finishes on 21st October 2088
With only 65 years unexpired we estimate the price of your lease extension to range between £13,300 and £15,400 as well as legals.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.