Our lawyer has uncovered a a legal deficiency with the lease for the property we are purchasing in Lancing. The seller’s lawyers have offered title insurance as a solution. We are content with insurance and will cover the costs. Our conveyancer says that he must check that the mortgage company is happy with this solution. Are we the client or is the mortgage company ?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.

Will conveyancers ask for an advanced payment when it comes to conveyancing in Lancing?

If you are buying a property in Lancing your lawyer will ask you put them with monies to cover the search fees. Generally this is called for to cover the fees of the conveyancing searches. If any down payment is as part of the total price then this will be required shortly prior to exchange of contracts. The final balance that is due will be payable a couple of days ahead of the day of completion.

Is it the case that all Lancing CQS (Conveyancing Quality Scheme) solicitors are on the Principality conveyancing panel?

It is true that some banks and building societies now utilise the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.

Can you point me to a directory of RBS panel solicitors in Lancing on the Building Society Association’s Website?

No. There is no such directory service on the CML or Building Society Association websites. A small selection of lending institutions make their panel listings visible online. If you are seeking to appoint a Lancing solicitor on the RBS please make the most of our facility.

The mortgage over my property is with Leeds Building Society for my property in Lancing. Conveyancing was finalised some time ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Leeds Building Society?

Leeds Building Society must be informed of your intention in advance of letting out your property as this is likely to be a breach of Leeds Building Society’s mortgage conditions. It may be that Leeds Building Society will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Leeds Building Society directly. It should not be necessary to do this via a Leeds Building Society conveyancing panel solicitor.

In my capacity as executor for the will of my uncle I am disposing of a house in Newport but I am based in Lancing. My conveyancer (who is 235 miles from meneeds me to sign a statutory declaration prior to completion. Can you recommend a conveyancing practitioner in Lancing who can witness this legal document for me?

strictly speaking you should not need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will do regardless of whether they are Lancing based

My wife and I purchased a leasehold flat in Lancing. Conveyancing and Norwich and Peterborough Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Lancing who previously acted has long since retired. Any advice?

First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Lancing conveyancing practitioner to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Lancing Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

Does the lease contain onerous restrictions? Most Lancing leasehold flats will have a service charge for the upkeep of the block set on behalf of the freeholder. Where you acquire the property you will have to pay this contribution, normally quarterly accross the year. This may vary from a few hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a rentcharge for you to pay annual, normally this is not a significant amount, say approximately £50-£100 but you need to enquire as sometimes it could be prohibitively expensive. What is the length of the lease?