Our lawyer has uncovered a a problem with the lease for the flat we are buying in Barton under Needwood. The seller’s lawyers have put forward title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer says that he must ensure that the lender is happy with this solution. Who is the client here, us or 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 property lawyer 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 solicitor will have no choice but to discontinue acting for you.

Why do I have to pay up front for my conveyancing in Barton under Needwood?

If you are buying a property in Barton under Needwood your lawyer will ask you place them with monies to cover the search fees. Normally this is requested to cover the fees of the conveyancing searches. If any down payment is as part of the purchase price then this will be required shortly before exchange of contracts. Any further balance that is needed will be payable a couple of days prior to the completion date.

I am assisting my aunt sell her flat in Barton under Needwood. Will the solicitor commission an EPC or it is for the seller to coordinate?

After the demise of HIPs, energy performance certificates remained a mandatory part of selling a house. An EPC must be to hand prior to the property being advertised. It is not as aspect of the sale process that law firms normally organise. Where you are using a Barton under Needwood conveyancing practitioner they may help arrange energy performance certificates given their relationships with long established local providers

I have a mortgage with Principality for my property in Barton under Needwood. Conveyancing was finalised a year ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Principality?

Your original mortgage agreement with Principality will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Principality’s mortgage conditions. It may be that Principality 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 Principality directly. It should not be necessary to do this via a Principality conveyancing panel firm.

Completion of my remortgage has taken place for my property in Barton under Needwood. Conveyancing was of an acceptable standard but I would like to complain about the lender. How does one go about formally complaining?

Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are resolved effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Barton under Needwood is the location of the property. Can you offer any opinion?

Flying freeholds in Barton under Needwood are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Barton under Needwood you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Barton under Needwood may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

Helen (my wife) and I may need to sub-let our Barton under Needwood ground floor flat temporarily due to a new job. We instructed a Barton under Needwood conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Barton under Needwood do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I invested in buying a 1 bedroom flat in Barton under Needwood, conveyancing was carried out in 2001. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Barton under Needwood with over 90 years remaining are worth £201,000. The ground rent is £45 levied per year. The lease finishes on 21st October 2090

With only 65 years left to run the likely cost is going to be between £13,300 and £15,400 as well as costs.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more detailed due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.