Conveyancing
Moving house can be one of the most stressful times experienced by Clients, as well as one of the most expensive. We take the
view that Clients need constant access to their Solicitor throughout this period, so as to remove as much of the stress from the Client as
possible. The Firm takes a very much "hands on" approach to the domestic conveyancing work with each stage of the process being fully explained
to the Client from the outset.
One of the most common complaints received by the profession is concerned with lack of communication. We pride ourselves in
our ability to let Clients know exactly what is happening at each stage of the conveyancing process. Delays do happen especially where chains of
transactions are involved, which is quite often very frustrating for the Client. We take a proactive role in trying to ensure that these
transactions are dealt with as quickly as possible. We always aim to return our Clients' telephone calls on the same day, even if this
involves a call well after normal office hours. Of course, if the call can be taken by either Tim or Lindsey when it is made by the Client then
so much the better.
Over the years, Tim has found that Clients appreciate the time that he spends with them shortly before exchange of contracts
is due to take place. Each document is carefully explained and any queries or concerns that the Client may have is fully discussed and dealt
with. It is very easy to assume that if a Client has moved house once then they are fully familiar with the procedure and the terminology. Tim
recognises that this is often far from the case, and it is very satisfying to be able to explain matters so that the Client understands
exactly how the process works. This leads to improved Client / Solicitor relations.
During 2010, the country had a change of Government and one of the first acts of the new Coalition Government was to abolish
HIPS (Home Information Packs). This was greeted with a great sigh of relief by most conveyancers as they had caused delays, additional expense
and were generally regarded as useless. The only remaining requirement is for each property to have an EPC (Energy Performance Certificate) when
put on the market for sale.
In 2011 The Law Society introduced a voluntary scheme for conveyancers whereby a Quality Conveyancing Service
Mark can be given to those practices who qualify. As Timothy Kench & Co are committed to giving the highest quality of service in
the house-moving process we will be actively seeking accreditation to this scheme. With the introduction of Alternative Business Structures other
bodies are now seeking to introduce accreditation schemes for conveyancers. We believe that although these have a place in ensuring standards are
maintained in certain areas, there is nothing better than the individual practitioners maintaining their own high standards of professional
expertise in their chosen field linked inextricably to dedicated client care.
With the introduction of Outcomes Focused Regulation by the SRA, the emphasis now is on assessing the risk in acting in
conveyancing matters as it affects each Client and areas such as conflicts of interest, referral arrangement and property related fraud and money
laundering all have to be considered at the point of accepting Instructions. In the vast majority of domestic conveyancing matters the solicitor
will also be acting for the mortgage lender. During 2011 a number of the major lenders in the mortgage field commenced what is to be an annual
review of their panels of solicitors who are instructed to act for them at the same time as acting for the Client. Recently, and without any
consultation with either the profession as a whole or our professional representatives at the Law Society or the Solicitors Regulation
Authority, one of the major players in the mortgage market, HSBC, has removed the vast majority of solicitors firms from their panel. They
have reduced their panel to 43 firms, some of whom are Licensed Conveyancers. It is believed that this will have a disasterous effect
on the housebuying public. Their choice of representative to look after their interests has been drastically curtailed and it is generally
thought that there will be substantial conflicts of interest. In a time of recession in the country generally, it is unfortunate that HSBC
have chosen to act like this as, should a Client wish to continue to instruct their own solicitor to deal with the conveyancing of their property
and that firm is not on HSBC's panel, the Client will potentailly be faced with two sets of fees. However we at Timothy Kench & Co
have been reappointed to the majority of lenders' panels and certainly the major UK lenders retain us to act on their behalf. To maintain
our position on those lender panels, we are committed to reviewing our case management systems tailored specifically to avoid risks to both the
Clients and the Firm.
In addition to the straightforward sale and purchase of domestic freehold property, we also deal with :-
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Transfer of leasehold premises
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Creation of new domestic leases
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Extending the term of existing leases
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Transfers of equity (often connected with matrimonial settlements)
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Mortgage work
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Deeds of Trust (where the equity is held by partners in differing shares)
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Voluntary First Registrations at the Land Registry
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Applications for Possessory Title
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Advising on Buy-to-Let and Off-Plan purchases
We also have personal contacts with the UK's leading fee-free mortgage broker who can be contacted directly to assist clients
in arranging their mortgages, which again in the present economic climate is very important. Details of this firm appears on our Links page.
As properties get older, various structural and cosmetic defects can occur which may need rectifying before a property can be
sold or purchased. We find that Clients are becoming more sophisticated in their demands as to the state of an older property and it is therefore
vital to have access to specialist firms who can carry out specific surveys targeting these problems and then recommend and carry out remedial
action. Again we have personal contacts with such a firm and you will find their website listed on our Links page.
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