I have given 8 weeks notice to my existing landlord and must leave my rented flat in Pevensey by 13/9/2019. Conveyancing on my purchase is progressing. Can I complete in a couple of weeks as I wish to avoid having to move into short term accommodation?
The normal practice is not to serve notice on a rental unless exchange of contracts has taken place. Assuming that you have not already done so, speak to your solicitor and ask them to they seek the assistance the owners solicitors, try to an acceptable time-line that all parties will aim towards
I am the registered owner of a freehold premises in Pevensey but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Pevensey and has limited impact for conveyancing in Pevensey 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 creation of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
We wish to acquire a newly converted apartment in Pevensey with a homeloan from HSBC Bank.We have a Pevensey conveyancing practitioner but HSBC Bank advised that his firm is not listed on their "panel". we are left little option but to use a HSBC Bank panel lawyer or keep our high street solicitor and fork out for one of their panel ones to act for them. We feel as though this is unjust; Can we not simply insist that HSBC Bank use our lawyer?
Unfortunately,no. The loan issued to you contains terms and conditions, one of which will be that solicitors must be on the HSBC Bank approved list. Until recently, most mortgage companies had large numbers of solicitors 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 lawyer to apply to be on the conveyancing panel for HSBC Bank
Is it the case that all Pevensey conveyancing solicitors on the TSB conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the TSB approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Many mortgage companies do permit licenced conveyancers on their panel in which case such practice would be regulated by the CLC.
I have paid off my mortgage with HSBC. I assume I don't need a Pevensey property lawyer on the HSBC panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your HSBC mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the HSBC mortgage from the register. HSBC, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I recently had an offer agreed on an apartment in Pevensey. My financial adviser recommended their conveyancers. I paid an advanced payment of £175. A few days later, the conveyancer called me embarrassingly acknowledging that they were not on the RBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the RBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have been sourcing a conveyancing lawyer in Pevensey for my house move. Is there any facility to check a firm’s complaints history with the legal regulator?
You may find documented Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Go to Check a solicitor's record. For details about the period before 1 January 2008, or to check a solicitors record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, dial +44 (0)121 329 6800. The SRA could monitor telephone calls for training purposes.