Me and my fiance are buying a 3 bedroom flat in Hampshire with a mortgage. We wish to retain our Hampshire conveyancer, but the lender says she’s not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Hampshire conveyancer as well as pay for one of their panel firms to represent them. This seems very unfair; are we not able to require that the mortgage company use our Hampshire conveyancer ?
Unfortunately,no. 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 Hampshire conveyancing solicitor to apply to be on the conveyancing panel.
I happen to be the single recipient of my late grandmother’s will with all property in now in my sole name, including the house in Hampshire. The Hampshire property was put into my name in January. I want to move. I do know about the CML six month 'rule', meaning my property ownership may be considered the same way as if I'd bought the property in January. Do I have to wait half a year to sell?
The CML handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. Some lenders would take a sensible view as this clause primarily exists to capture the purchase and immediately sell or the quick reselling of property.
I am purchasing a property in Hampshire. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Lloyds be concerned?
Given that you are obtaining a mortgage with Lloyds your lawyer must check the conveyancing instructions set out in Part 2 of UK Finance Lenders’ Handbook for Lloyds. The Council of Mortgage Lenders’ Handbook sets out minimum conditions for solar panel roof-space leases, and property lawyers are required to report to Lloyds where a lease does not satisfy these provisions. The requirements relate to the installation of panels on properties countrywide and is not limited to Hampshire.
Having digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Hampshire solicitor - who is on the RBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Hampshire surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Due to the advice of my in-laws I had a survey completed on a property in Hampshire before appointing solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor advised that some lenders will refuse to give a loan on a flying freehold house.
It depends who your proposed lender is. Lloyds has different instructions from Nationwide. If you call us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hampshire. Conveyancing will be smoother if you use a solicitor in Hampshire especially if they are familiar with such properties in Hampshire.
I need to instruct a conveyancing solicitor for my conveyancing in Hampshire. I have chance upon a site which seems to have the ideal offering If it is possible to get all the legals done via web that would be preferable. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
I acquired a house in Hampshire last 28/12/2023 and to date it is still not recorded with HMLR. It is part of a development site and my solicitor told me that it can take 12 months to register. I have contacted the Land Registry directly and they say that the original application was cancelled due to questions not being addressed in time. Do I need to be concerned?
It is your property lawyer that you must contact in order to satisfy any issues which have been raised as part of the registration formalities for your Hampshire property. Normal Hampshire conveyancing practice includes an undertaking on the part of the seller's lawyer that they will help resolve any question raised by HMLR so it may be a case of taking action to enforce that undertaking in some way.