Is the fact that my solicitor in Ilkley is not on my bank's conveyancing panel that there is a problem with the quality of his work?
It would be unwise to jump to that conclusion. There are plenty of reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should simply call the Ilkley conveyancing firm and ask them why they are no longer on the approved list for your bank.
We have very pushy sellers who has suggested a preliminary contract with a deposit of 5k. Is it wise to enter into such agreements?
There are two primary concerns with entering into any lock out agreement (also referred to as a shut-out contract) is that it takes away the focus from progressing with the conveyancing transaction itself, so in the absence of it needing little or no negotiation then it may transpire to be a hindrance. It is not particularly popular by Ilkley conveyancing lawyers for this reason. A supplemental concern is the extent of the remedies available - an aggrieved buyer is extremely unlikely to be issued with an injunctive ruling by a court to prevent the seller disposing of the property to another buyer, so the only remedy open via the agreement will be the reimbursement of wasted costs and, in rare situations, the additional payment of penalties.
I am selling my apartment in Ilkley. Does the conveyancer have to be on the Nationwide conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the Nationwide conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently in recent years.
I decided to have a survey done on a house in Ilkley prior to instructing solicitors. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some banks will refuse to give a mortgage on this type of property.
It varies from the lender to lender. Bank of Scotland has different requirements from Nationwide. If you contact 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 accustomed to dealing with flying freeholds in Ilkley. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ilkley to see if the conveyancing will be more expensive.
How does the Landlord & Tenant Act 1954 affect my commercial premises in Ilkley and how can your lawyers assist?
The particular law that you refer to provides security of tenure to commercial lessees, granting the right to make a request to court for a renewal tenancy and remain in occupation at the end of an expired lease. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Ilkley