My husband and I are acquiring a brand new duplex in Forest Hill and my conveyancer is advising me that she has to the bank to reveal incentives from the builder. The Estate Agents are hassling me to sign contracts and my preference is not to prolong the conveyancing. Is my lawyer right?

You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

We are buying a newbuild flat in Forest Hill with a homeloan from Barnsley Building Society.We like our Forest Hill conveyancing lawyer but Barnsley Building Society says his firm is not on their "panel". We have to appoint a Barnsley Building Society panel firm or keep our high street solicitor and fork out for one of their panel ones to act for them. This seems very unfair; Can we not simply insist that Barnsley Building Society use our lawyer?

Unfortunately,no. The home loan issued to you contains various provisions, one of which will be that solicitors must be on the Barnsley Building Society conveyancing panel. Until recently, most mortgage companies had large numbers of solicitors on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Barnsley Building Society

How does conveyancing in Forest Hill differ for newly converted properties?

Most buyers of new build property in Forest Hill contact us having been asked by the seller to sign contracts and commit to the purchase even before the residence is finished. This is because developers in Forest Hill tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Forest Hill or who has acted in the same development.

I was pointed in your direction by a couple of local property agents in Forest Hill to find a solicitor on your site. Is there a financial advantage for Estate Agents to market your services over and above another?

We don’t give any commission for sending work to this site. We thought it would be too underhand a fee because home movers will think, ‘How come the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Forest Hill. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Forest Hill ?

Most houses in Forest Hill are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can assist with the conveyancing process. it is apparent that you are buying in Forest Hill so you should seriously consider looking for a Forest Hill conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.

I have tried to negotiate informally with with my landlord for a lease extension without success. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Forest Hill conveyancing firm to act on my behalf?

Most definitely. We are happy to put you in touch with a Forest Hill conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Forest Hill residence is Flat 1 40-42 Ewelme Road in August 2012. the Tribunal assessed the premium for the lease extension in the sum of £11,800 This case was in relation to 1 flat. The unexpired term as at the valuation date was 61.81 years.