The sellers of the house we are purchasing have instructed a conveyancing firm in Streatham who has insisted on a exclusivity agreement with a deposit 10k. Are such arrangements recommended for Streatham conveyancing transactions?
This kind of contract isn't frequently used in Streatham, conveyancers are often inclined to direct clients away from them as they detract from focusing on the primary focus, namely conveyancing and if you end up having your deposit forfeited then the lawyer at best left with an upset client and at worst a litigious one. In addition, there is no assurance that just because the seller has executed an exclusivity contract they will complete the sale with you. They may be in contravention of the contract if they receive a big enough incentive to do so because a wronged buyer with the benefit of a exclusivitycontract will still be obliged show losses as a consequence of the breach and this may not equalise the extra amount that your seller may gain by breaking the agreement, no matter how morally shameful it undoubtedly is.
I am the registered owner of a freehold premises in Streatham but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Streatham and has limited impact for conveyancing in Streatham but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
I am purchasing a property in Streatham. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Clydesdale be concerned?
As your lender is Clydesdale your lawyer must comply with the formal instructions outlined in Section two of UK Finance Lenders’ Handbook for Clydesdale. The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Clydesdale where a lease fails to meet these conditions. The conditions relate to the installation of panels on properties nationwide and is not restricted to Streatham.
I have paid off my mortgage with RBS. I assume I don't need a Streatham lawyer on the RBS panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your RBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the RBS mortgage from the register. RBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where RBS has sent the Land Registry the discharge electronically, and
- RBS has instructed the Land Registry to do so
After months of negotiation I have agreed a price on an apartment in Streatham. My financial adviser suggested a conveyancer. I paid an advanced payment of £175. Shortly after, the solicitor contacted me embarrassingly acknowledging that they were not on the UBS 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 UBS 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 got the keys to my home on 9 April and my personal details is yet to be on the land registry website. Need I be worried? My conveyancing solicitor in Streatham expressed confidence that it will be registered in less than a month. Are titles in Streatham uniquely lengthy to register?
There is nothing unique about conveyancing in Streatham registration formalities. Rather than based on location, timescales can differ depending on the party submitting the application, whether there are errors and whether the Land registry must send notices to any third parties. Currently in the region of 80% of such applications are fully addressed within two weeks but some can be subject to longer delays. Historically registration occurs once the buyer is living at the premises so an expedited registration is not typically an essential issue yet if there is a degree of urgency associated with the registration then you or your lawyers can communicate with the Registry to express the reasoning for an expedited registration.
My husband and I are acquiring a garden flat in Streatham. At the time of instructing our conveyancer, they said that they were on all mainstream bank panels. The financial adviser emailed yesterday to advise that they don't appear to be on the Co-operative approved list. Were it to be true, what should we do? Should we just find a new lawyer that is on their panel or do we cover the costs for separate representation, with Co-operative appointing their own approved conveyancer.
When purchasing a property with mortgage finance it is usual for the purchaser’s solicitors to also represent the purchaser's lender. In order to act for a bank or building society a conveyancing practitioner has to be on that lender's list of approved lawyers. An application has to be made by the conveyancing practitioner to the lender to become a member of the lender's panel and there are increasingly strict criteria which the lawyer has to satisfy. Some banks now require their panel firms to be part of the Law Society’s Conveyancing Accreditation Scheme. Your lawyer should call Co-operative to discover if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on Co-operative's conveyancing panel and you may continue to use your own Streatham solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.