Neil O'Brien: ...this session, Mrs Harris. I thank all hon. Members for their interesting and important contributions during the debate. My hon. Friend the Member for Gravesham (Adam Holloway) raised the issue of conveyancing being done by someone tied to the developer, and the bad incentives that that sets up. The hon. Member for Selby and Ainsty (Keir Mather) welcomed the action on maintenance charges...
Lee Rowley: ...to the measures that we discussed this morning, we are seeking to include in the Bill a requirement that freehold estate management information be provided to potential sellers, meaning that conveyancers acting on behalf of those sellers can quickly get the detailed information that they need to provide to potential purchasers. That could include accounts, if the estate manager is a...
Matthew Pennycook: ..., as I have said in past debates on the subject in the House, it would appear to be fairly common for residential freeholders not to be notified of their future liability for charges early in the conveyancing process; many learn of their exposure only at the point of completion. Even in instances in which residential freeholders are notified about their future liability in good time, many...
Adjourned till Tuesday 30 January at twenty-five minutes past Nine o’clock. LFRB57 Bowlwonder Ltd (further submission) LFRB58 Paul Robertson LFRB59 The Conveyancing Association (supplementary) LFRB60 CommonholdNow
Matthew Pennycook: ...to pay for certain non-litigation costs incurred by their landlord when responding to an enfranchisement or lease extension claim. That obviously does not reflect normal practice in residential conveyancing, where each party bears their own costs. The argument for imposing non-litigation costs has always been that in enfranchisement or lease extension claims, a landlord is being forced to...
...the stated time period. The Government may tell us, “Oh, don’t worry. That means they can’t pass the costs on,” but theoretically I cannot sell my flat without that certificate because the conveyancer is asking for it, so why not have an express duty for them to provide it? To be completely frank, the whole landlord certificate/leaseholder certificate process is an absolute...
Caroline Dinenage: We will now hear oral evidence from Philip Freedman from the conveyancing and land law committee at the Law Society, and Philip Rainey from Tanfield Chambers. We have until 3.10 pm for this session. Could the witnesses introduce themselves for the record?Q
Paul Broadhead: Certainly. The first thing to remember is that mortgage lenders are experts in mortgage lending, not in property law—it is down to the conveyancer to advise the borrower of the requirements of the lease and the purchase of the property they are buying. The way I would describe it is that the conveyancer and the surveyor, to an extent, are the lender’s eyes and ears on the...
Bob Smytherman: I think we would certainly welcome improvements in the conveyancing process. One of the things that our members certainly see is that they can get the information from a very specialist leasehold lawyer, which is obviously really helpful, but as in all sectors there are conveyancers out there where people google “conveyance” and think, “Oh, that is just a standard...
Caroline Dinenage: Q We will now hear from Kate Faulkner OBE, the chair of the Home Buying and Selling Group, and Beth Rudolf, the director of delivery for the Conveyancing Association. We have until 4.50 pm for this session. Will the witnesses please introduce themselves for the record, starting with you, Beth?
...the provision of information. Provided that it is understood that those provisions extend not only to the leaseholder—“Please tell me about my service charges”—but also to the packs that conveyancers will ask for when flats are being sold on, it would be a good thing to move that forward, because it has been a real struggle to impose an obligation or to find a way of obtaining that...
...than the alleged leasehold-specialist solicitor who was dealing with my case at the time. That was very early in the campaign, so a lot of education needs to go on for everybody: leaseholders, conveyancers and solicitors. Because I had done some research and tried to get my head round leasehold clauses and what were fee-paying clauses, shall we say, in the TP1, which is a transfer...
...Owners Rights Network) Tuesday 16 January Until no later than 4.15 pm The Property Institute; Fanshawe White Tuesday 16 January Until no later than 4.50 pm The Home Buying and Selling Group; The Conveyancing Association Tuesday 16 January Until no later than 5.15 pm Public First Tuesday 16 January Until no later than 5.40 pm Dr Douglas Maxwell Thursday 18 January Until no later than...
Julian Knight: To ask the Secretary of State for Justice, how many conveyancers are registered with the Council for Licensed Conveyancers.
Helen Morgan: ...listening to my concerns prior to the debate. Freeholders using such equipment are dependent on its being installed and maintained to a high standard, but the experience of my constituents is that conveyancing solicitors do not alert buyers to the risks involved in this type of structure, and that the ownership structure can be opaque and almost impossible to challenge. I have one...
Simon Hoare: ...-Pilate-like, wash their hands of it. My Department will not do that. Of course, her constituents are perfectly entitled to seek legal advice. That would come at a cost, and it may well be that the conveyancing at the time of purchase is worth a re-exploration. Pausing there, my right hon. Friend presented to the House some pretty horrible and frightening figures. We are all conscious,...
Bob Blackman: ...in this country to do that after six months without even notifying the leaseholders. Considering that individuals might not be given the proper advice about the potential consequences during conveyancing, it is absolutely disgraceful. The final thing I will say about the leasehold reform Bill is that we need to extend the measures in the Building Safety Act 2022 to ensure that freeholders...
Stephen Doughty: ...struggling with defective buildings, fire and building safety issues, extortionate and often inexplicable service charges, and being caught in mortgage prisons. There is a whole industry around conveyancing, surveying and so on, which has failed many of my residents who find themselves caught up in untenable situations. In particular, I have met some of them in recent weeks who have been...
Fergus Ewing: ...foolscap. I have not yet received a reply, but I hope that the minister will do more than consider what I have to say today, because I say it as somebody who spent 20 years as a lawyer, working in conveyancing to a great extent, and now nearly 25 years as an MSP for a constituency that is largely rural. Over that period, I have been fortunate to work closely with land agents, surveyors,...
Rachel Maclean: ...market. In recent years, it has introduced digital tools relating to electronic signatures and a standard for digital identity solutions. HMLR is working collaboratively with stakeholders in the conveyancing sector and is considering a range of technologies to contribute to a truly digital, automated conveyancing process. Government’s Roadmap to a Digital Future includes digital...