Better HomeOwnership Conveyancing Panel : Questions and Answers
from members of the public
I need to swap lawyers as my lawyer is not on the Better HomeOwnership panel of conveyancing solicitors. Is it advisable to appoint a new law firm?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
My partner and I are refinancing our flat with Better HomeOwnership. We have a son approaching twenty who lives with us. The solicitor on the Better HomeOwnership conveyancing panel requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the Better HomeOwnership conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong 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 Better HomeOwnership .This is solely used to protect the Better HomeOwnership 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 Better HomeOwnership 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.
I have checked your search tool I can't find the lawyer I was hoping to instruct as being on the Better HomeOwnership conveyancing panel. My lawyer has said that they are on the Better HomeOwnership approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the Better HomeOwnership conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the Better HomeOwnership solicitor panel.
I am selling my house. Does my solicitor have to be on the Better HomeOwnership conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Better HomeOwnership 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 requirements fairly frequently at the moment.
Are all Conveyancing Quality Solicitors on the Better HomeOwnership conveyancing panel?
Some major banks and building societies now use CQS as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.
I am buying a property where the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Better HomeOwnership be concerned
Given that your lender is Better HomeOwnership your lawyer must to check the Better HomeOwnership conveyancing instructions contained in the Part of CML Handbook for Better HomeOwnership . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Better HomeOwnership where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. The CML are developing guidance for Northern Ireland and Scotland.
I have agreed a price on a flat I spoke to a lawyer recommended by my uncle and he advised retaining a property lawyers approved by Better HomeOwnership. The estate agent recommended two local firms so I asked Better HomeOwnership if the 2 suggested solicitors are approved, which they are not. Better HomeOwnership suggested that either practice can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of Better HomeOwnership 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Ask Better HomeOwnership to suggest a law firm in your location. Lenders have them all over the country. You can also use our search tool at the top of this page to search for a lawyer on the Better HomeOwnership conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto Better HomeOwnership conveyancing panel as it may only take about 2-3 weeks. As long as they meet Better HomeOwnership’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.