I am buying a new build apartment in Lingfield. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Lingfield

Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision.

I opted to have a survey carried out on a house in Lingfield ahead of instructing solicitors. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some banks tend refuse to give a loan on this type of house.

It depends who your proposed lender is. Bank of Scotland has different instructions for example to Halifax. If you call us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Lingfield. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Lingfield to see if the conveyancing costs will increase in light of this.

Is it possible to change solicitor as I have to find a firm on the TSB conveyancing list. I was using a local conveyancing solicitor in Lingfield round the corner but he is not accepted by TSB

It would be our pleasure to help you select a conveyancing solicitor in Lingfield on the TSB panel. Please note that the conveyancers that we list do not pay us fee if you instruct them and are authorised and regulated by the SRA who oversee all conveyancing solicitors in Lingfield. In making use of search facility on this site, you can compare and instruct different solicitors and conveyancers both nationally and in Lingfield.

In relation to leasehold conveyancing in Lingfield what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Lingfield. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

Service charge per centages that don't add up correctly leaving a shortfall

You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Skipton Building Society, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.

I acquired a 1 bedroom flat in Lingfield, conveyancing formalities finalised October 2008. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable flats in Lingfield with over 90 years remaining are worth £175,000. The ground rent is £65 invoiced every year. The lease terminates on 21st October 2082

With 58 years unexpired we estimate the price of your lease extension to range between £21,900 and £25,200 plus professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.

My 20yr old son is about to join the property ladder, he had his mortgage in principle. When the seller agreed the offer on the house we contacted the mortgage company to issue the formal offer. I was disappointed to discover that banks do not accept all conveyancing practitioner, they must be on their panel, is this legal?

Banks normally restrict either the type or the number of conveyancing solicitors on their approved list of lawyers. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that banks have no responsibility for the quality of advice provided by any Lingfield property lawyer on their panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, conveyancing is not their speciality. To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime? Probably not.