Frequently asked questions relating to the Kent Reliance Conveyancing Panel from members of the public
On what basis would a law firm be excluded from the Kent Reliance solicitor panel?
According to a recent survey report by the solicitors regulator three quarters of law firms had been excluded from a lender panel. The top reasons in order are :
- lack of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction
- regulatory contact by SRA
- accidental removal. We are not aware of the specific or common criteria for removal by Kent Reliance
Can you clarify something for me?. For no fault of my lawyer but, my purchase conveyancing has been going on for months. The Local Authority Search from Kent Reliance was issued random date and we have agreed a date for me to move into the property on 6 months + 3. My lawyer has advised that as she is on the Kent Reliance conveyancing panel she needs to reorder the searches as they are no longer valid.
One of the many conditions to being on the Kent Reliance approved panel is to comply with the CML Handbook Part 2 obligations (last updated for this lender on Kent Reliance)which specifies that a local authority search be not more than 6 months old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to Kent Reliance.
Do all the firms listed on your directory have online case tracking as I was under the impression that this was a precondition of being on the Kent Reliance conveyancing panel?
No. There is no CML Part 2 or Building Society Association requirement relating to online case tracking. Some law firms operate such technology and some don't.
My lawyers in London have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with Kent Reliance. Is it case that being on the Kent Reliance conveyancing panel they need to have retained the file for a number of years?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Kent Reliance Conveyancing Panel Terms. It might be worth you contacting Kent Reliance directly.
After shopping around on the internet I have found a solicitor having made sure that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
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I've read lots of mortgage guides,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the Kent Reliance conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance 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 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.
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Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with Kent Reliance you could contact your them to see if they have a list of approved surveyors.
My ex -wife’s name is on the Kent Reliance mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Kent Reliance mortgage in order to sell?
In terms of the Kent Reliance mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Kent Reliance in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.
My offer on house has been accepted, but there is a chain. The vendors have offered on somewhere, but not been accepted yet, and have viewings of other properties booked. My conveyancing solicitor has been instructed. What do I do now? At what point should I appy for the mortgage with Kent Reliance?
It is usual to have concerns where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then survey/valuation, conveyancing search costs, etc). First you should check that your solicitor is on the Kent Reliance conveyancing panel. As to the next stages this very much depends on the circumstances of your case, desire for this property and on the state of the market. In a hot mortgage some buyers would pally for the mortgage with Kent Reliance and pay for the valuation and only if it comes back ok would they pay their solicitor to press on with searches.
