I am obtaining a offer of a home loan from Santander. I hope to employ the services of a Licensed Conveyancer in Ashtead. Does the Santander Solicitor panel exclude conveyancers regulated by the CLC?

The Santander approved solicitor list is, like many other lenders, associated to the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the CLC.

It is 10 years ago since I purchased my property in Ashtead. Conveyancing lawyers have just been retained on the sale but I can't track down my deeds. Is this a major issue?

You need not be too concerned. Firstly there is a possibility that the deeds will be retained by your mortgage company or they could be archived with the lawyers who handled your purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. Nearly all conveyancing in Ashtead relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.

The estate agent has sent us the confirmation of our purchase of a new build flat in Ashtead. Conveyancing is a frightening process 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 legal work.

Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Ashtead

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. Please confirm the Lease plans are architect prepared. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.

Do you have any advice for leasehold conveyancing in Ashtead with the aim of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Ashtead can be avoided where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the buyers’ solicitors.
In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Ashtead state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord consenting to such changes. Should you dont have the consents to hand you should not contact the landlord without checking with your lawyer first. You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is under 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. Many landlords or managing agents in Ashtead levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Ashtead. If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.

I have given up seeking a lease extension in Ashtead. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Where there is a missing landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to make a decision on the price.

An example of a Lease Extension case for a Ashtead flat is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case was in relation to 1 flat. The unexpired lease term was 60.43 years.

I need to swap lawyers as my Ashtead lawyer is not on the lender's approved list of conveyancing solicitors. How simple is it to change conveyancer?

In the event that you have not formally appointed a conveyancer to start work and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Ashtead that you're considering.