Me and my fiance are purchasing a 1 bedroom apartment in West Hill with a mortgage. We have a West Hill lawyer, but the mortgage company advise she’s not on their "panel". It seems we have little choice but to instruct one of the lender panel solicitors or keep our West Hill solicitor and pay for one of their panel ones to represent them. We feel that this is inequitable; can we not insist that the mortgage company use our West Hill property lawyer ?
No, not really. Your mortgage offer 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 West Hill conveyancing solicitor to apply to be on the conveyancing panel.
Can the conveyancing solicitors identified via your search tool execute auction conveyancing in West Hill?
There are a number of niche solicitors we can put you in touch with those conducting auction conveyancing. West Hill is just one of our locations in which our lawyers cover.
I am assisting my step-mother sell her house in West Hill. Will the conveyancer order the energy assessment or do I organise this?
After the abolition of Home Packs, energy assessments was left as a required component of moving house. An energy assessment needs to be to hand in advance of the property being placed on the market. This is not a task that conveyancers normally arrange. Where you are using a West Hill conveyancing lawyer they might be willing to arrange energy assessments given their relationships with long established local accredited person
My solicitor has informed me that absentee landlord insurance is required on my purchase. What is the level of cover for West Hill conveyancing?
The appropriate level of absentee landlord indemnity insurance depends on who your lender is. It would differ for example between Nationwide Building Society and Chelsea Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
I have a mortgage with Virgin Money for my property in West Hill. Conveyancing has been completed a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Virgin Money?
You must advise Virgin Money in advance of renting your property as this is likely to be a breach of Virgin Money’s mortgage conditions. It may be that Virgin Money will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Virgin Money directly. You need not do this via a Virgin Money conveyancing panel firm.
My step-father has suggested that I use his conveyancing solicitors in West Hill. Should I find my own property lawyer?
There are no two ways about it it’s preferable to select a conveyancing practitioner is to get referrals from friends or family who have experience in using the conveyancer you're considering.
Back In 2008, I bought a leasehold house in West Hill. Conveyancing and Barclays mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in West Hill who previously acted has now retired. Do I pay?
The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to instruct a West Hill conveyancing solicitor to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I have given up trying to purchase the freehold in West Hill. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to make a decision on the price payable.
An example of a Freehold Enfranchisement decision for a West Hill residence is 158 West Hill in November 2010. the Tribunal held that the premium to be paid for the freehold reversion should be £99,650 This case affected 7 flats. The unexpired lease term was 75.88 years.