I am in the process of selling my ground floor flat in Bankside and the estate agent has just called to advise that the purchasers are appointing a new property lawyer. The reason given is that the bank will only engage with solicitors on their conveyancing panel. On what basis would a major mortgage company only work with specific lawyers rather the firm that they want to select for their conveyancing in Bankside ?
Lenders have always had an approved set of law firms that can act for them, but in the last few years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.
Banks point to the increase in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.
The Bankside conveyancing solicitors that just started acting on my purchase in Bankside have suddenly closed. I only went with them because I had to have a solicitor on the Yorkshire BS conveyancing panel and my preferred Bankside lawyer was not. I paid them funds in advance. What should be my next steps?
Assuming that you have an Estate Agent in the equation then let them know straight away so that they can let the sellers know that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Yorkshire BS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help.
Due to the advice of my in-laws I had a survey completed on a property in Bankside prior to appointing lawyers. I have been told that there is a flying freehold element to the house. My surveyor has said that some lenders will not give a mortgage on such a property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you call us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Bankside. Conveyancing may be slightly more expensive based on your lender's requirements.
I have just started marketing my 2 bed flat in Bankside. Conveyancing lawyers have not yet been instructed, but I have just received a quarterly maintenance charge demand – should I leave it to the buyer to sort out?
It best that you discharge the maintenance contribution as you normally would as all rents and maintenance invoices should be apportioned as part of the financial calculations for completion monies, so you will be reimbursed by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I have had difficulty in trying to purchase the freehold in Bankside. Can the Leasehold Valuation Tribunal adjudicate on premiums?
in cases where there is a absentee freeholder or where there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to determine the price payable.
An example of a Freehold Enfranchisement matter before the tribunal for a Bankside premises is 1-41 Royal Tower Lodge 40 Cartwright Street in April 2013. the tribunal adding the agreed value of capitalised ground rents and the reversion the price to be paid for the freehold was £1,187,000 This case related to 41 flats. The unexpired term as at the valuation date was 107 years.
I cannot attend my Bankside conveyancing solicitors office to sign documents for conveyancing in Bankside – is this a problem?
Not a problem. Bankside conveyancing lawyers can undertake conveyancing transactions for clients nationally. You are unlikely to be required to meet your lawyer in the flesh at a Bankside conveyancers office. Almost all lawyer can undertake all communications using post, email, telephone and fax.