I am selling my apartment in Biggin Hill and the EA has just telephoned to advise that the buyers are swapping conveyancer. I am told that this is due to the fact that the mortgage company will only work with solicitors on their approved list. On what basis would a leading mortgage company only engage with certain lawyers rather the firm that they want to choose to handle their conveyancing in Biggin Hill ?

Banks have always had an approved set of law firms that can act for them, but in the past few years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.

Mortgage companies blame a rise in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.

The Biggin Hill conveyancing firm handling our Biggin Hill conveyancing has identified a difference between the assumptions in the home valuation survey and what is in the legal papers for the property. My solicitor says that he needs to ensure that the lender is happy with this discrepancy and is still content to lend. Is my solicitor’s stance legitimate?

Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.

Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a quick, chain free conveyancing. Biggin Hill is the location of the property. What do you suggest?

Flying freeholds in Biggin Hill are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Biggin Hill you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Biggin Hill may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

How does the Landlord & Tenant Act 1954 impact my business offices in Biggin Hill and how can your lawyers assist?

The 1954 Act provides protection to business tenants, giving them the right to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Biggin Hill is one of the many areas of the UK in which our lawyers are located

I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Biggin Hill conveyancing firm to act on my behalf?

Most certainly. We can put you in touch with a Biggin Hill conveyancing firm who can help.

An example of a Lease Extension decision for a Biggin Hill property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The unexpired residue of the current lease was 50.57 years.

What makes a Biggin Hill lease problematic?

There is nothing unique about leasehold conveyancing in Biggin Hill. Most leases are drafted differently and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:

Clauses dealing with recovering service charges for expenditure on the building or common parts.

You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Norwich and Peterborough Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to withdraw.