My fiance and I changing mortgage lender for our flat in Whitwick with Kent Reliance. We have a son 19 who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the property is repossessed. I have two concerns (1) Is this document specific to the Kent Reliance conveyancing panel as he never had to sign this form when we bought 4 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?

First, rest assured that your Kent Reliance conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Kent Reliance. This is solely used to protect Kent Reliance if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Kent Reliance had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

What does my ID and proof of funds have anything to do with my conveyancing in Whitwick? Is this really warranted?

Whitwick conveyancing solicitors as well as nationwide property practitioners throughout the UK have an obligation under Anti-terror and anti-money-laundering rules to verify the identity of any client in order to satisfy themselves that clients are who they say they are.

Conveyancing clients are required to produce two forms of certified identification; proof of ID (typically a Passport or Driving Licence) and evidence of address (usually a Utility Bill no older than three months).

Confirmation of source of funds is also necessary under the money laundering laws as lawyers are duty bound to check that the funds you are utilising to buy a property (be it the exchange deposit or the total purchase monies where you are buying without a mortgage) has originated from an acceptable source (such as an inheritance) rather than the fruits of illegitimate behaviour.

My wife and I are intent on selling our home in Whitwick and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A high street Whitwick lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed an internet conveyancing practice rather than a conveyancing solicitor in Whitwick. We have lived in Whitwick for 4 years we know that this is a non issue. Should we get in touch with our local Authority to seek confirmation need.

It would appear that you have a conveyancing lawyer already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)

How does the Landlord & Tenant Act 1954 affect my business premises in Whitwick and how can you help?

The 1954 Act provides protection to business leaseholders, giving them the legal entitlement to apply to court for a continuation of occupancy at the end of the lease term. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and help with commercial conveyancing in Whitwick

Do lenders provide you with an approved list of Whitwick solicitors? How do you know who is on the mortgage company conveyancing panel?

Whitwick law firm practices and firms carrying out conveyancing in Whitwick themselves provide us confirmation that they are on the lender conveyancing panel as opposed to being supplied with a list from the mortgage company directly.