I have given 8 weeks notice to my existing landlord and have to leave my let out apartment in St Annes by 29/5/2024. Conveyancing for my house purchase is progressing. Is it possible to complete in six weeks as I wish to avoid having to find short term accommodation?
Generally one should not serve notice for your tenancy until you have exchanged. Assuming that you have not previously done so, contact to your conveyancer and ask them to they apply pressure on the owners lawyers, try to get a realistic time scale from them that everyone will look towards
My property lawyer in St Annes is not listed on the HSBC Bank Conveyancing Panel. Is it possible for me to retain my prefered solicitor even though they are not on the HSBC Bank list of approved lawyers?
Your options are as follows:
- Complete the purchase with your existing St Annes lawyers but HSBC Bank will need to retain a lawyer on their panel. This will inevitably rack up the overall conveyancing charges as well as result in delays.
- Find an alternative practitioner to to deal with the conveyancing, remembering to check they are Persuade your lawyer to do everything within their powers to join the HSBC Bank conveyancing panel
I'm the sole beneficiary of my late mum's estate and I have everything in my name alone, including the my former home in St Annes. Conveyancing formalities meant that the Land Registry date was in March. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', which means that my proprietorship could be treated the same way as though I had purchased the property in March. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How sensible a view banks take of it, depend on the mortgage company as this requirement is primarily there to identify subsales or the quick reselling of properties.
Is it the case that all St Annes CQS (Conveyancing Quality Scheme) solicitors are on the RBS conveyancing list of approved solicitors?
Some major lenders now utilise the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of firms.
I recently had an offer agreed on a house in St Annes. My financial adviser suggested a lawyer. I paid an upfront payment of £150. Shortly after, the property lawyer contacted me to say that they were not on the Skipton 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 Skipton 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 acquired my apartment on 16 September and the transaction details are still not registered. Should I be concerned? My conveyancing solicitor in St Annes expressed confidence that it should be concluded in less than a month. Are transfers in St Annes particularly slow to register?
There is nothing unique about conveyancing in St Annes registration formalities. Rather than based on location, timeframes can adjust subject to the party submitting the application, whether it is in order and if the Land registry need to notify any third parties. As of today in the region of three quarters of submission are fully addressed within two weeks but occasionally there can be longer hold-ups. Historically registration is effected once the new owner is living at the premises thus an expedited registration is not typically an essential issue yet if it is urgent that the the registration takes place urgently then you or your solicitor should communicate with the Registry to express the reasoning for the application to be prioritised.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what should have been a simple, no chain conveyancing. St Annes is the location of the property. Can you shed any light on this issue?
Flying freeholds in St Annes are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St Annes you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Annes may decide 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.