Our lawyer has identified a a problem with the lease for the flat we are purchasing in Ravenshead. The seller’s lawyers have put forward title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer has advised that he must check that the mortgage company is happy with this solution. Are we the client or is the mortgage company ?

Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the bank are the client. These conveyancing instructions must be adhered to.

My partner and I are downsizing from our property in Ravenshead and according to the buyers it appears that there is a possibility that the property was built on contaminated land. Any local conveyancer would know this is not the case. For the life of me I don't know why the buyers instructed a factory type conveyancing firm rather than a conveyancing solicitor in Ravenshead. Having lived in Ravenshead for many years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek clarification need.

It would appear that you have a conveyancing solicitor currently acting for you. What do they say? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)

Due to the advice of my in-laws I had a survey completed on a property in Ravenshead in advance of retaining conveyancers. I have been informed that there is a flying freehold aspect to the property. Our surveyor has said that some lenders tend not grant a mortgage on a flying freehold property.

It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. Should you wish to call us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Ravenshead. Conveyancing may be slightly more expensive based on your lender's requirements.

I am employed by a reputable estate agency in Ravenshead where we have experienced a few flat sales jeopardised as a result of short leases. I have received conflicting advice from local Ravenshead conveyancing firms. Please can you confirm whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Ravenshead Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

What prohibitions exist in the Ravenshead Lease? Best to be warned whether a new roof is being installed or some other major work is due in the near future to be shared amongst the leasehold owners and will materially impact the level of the service fees or result in a specific payment.

When it comes to my conveyancing in Ravenshead should I be paying VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee

(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Ravenshead conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the solicitor's time in submitting the funds this way.