I am in need of a conveyancer. Should I go for for a web based conveyancer rather than a local Birmingham and the Black Country conveyancing solicitor?

Established third party connections is an important consideration when choosing conveyancing lawyers. Birmingham and the Black Country law firms often have long term relationships with mortgage brokers and agents, local authorities, valuers and other conveyancing firms meaning the whole process is going to be much smoother for you. Hosting a wealth of intelligence of the local area is also a plus .

I happen to be the only recipient of my late father’s estate and I have everything in my name alone, including the my former home in Birmingham and the Black Country. Conveyancing formalities meant that the Land Registry date was in January. I want to move. I do know about the CML six month 'rule', which means that my property ownership may be treated the same way as though I had purchased the house in January. Will no one buy the property for half a year?

The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be impacted by that. How practical a view lenders take of it, depend on the lender as this obligation chiefly exists to capture the purchase and immediately sell or the quick reselling of property.

We previously selected solicitors with offices in Birmingham and the Black Country on the Bank of Ireland solicitor approved list. They are now charging me a separate amount for the legal aspects of the Bank of Ireland mortgage. Is this a supplemental conveyancing fee set by Bank of Ireland?

Unfortunately, so long as it is in their Terms and Conditions or estimate then yes your lawyer is entitled to levy a fee for this. This charge is not dictated by Bank of Ireland but by your Birmingham and the Black Country lawyer. Plenty of firms on the Bank of Ireland panel will quote an ‘acting for lender’ fee and others do not.

I am purchasing a property in Birmingham and the Black Country. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?

Given that your lender is Leeds Building Society your lawyer must comply with the formal instructions contained in Section two of UK Finance Lenders’ Handbook for Leeds Building Society. The CML Handbook contains minimum specifications for solar panel roof-space leases, and lawyers are required to report to Leeds Building Society where a lease fails to comply with these requirements. The specifications relate to the installation of panels on properties nationwide and is not limited to Birmingham and the Black Country.

My wife and I have a renovated Edwardian house in Birmingham and the Black Country. Conveyancing lawyer represented me and The Mortgage Works. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, the second leasehold under the matching property. I thought I was buying a freehold how can I check?

You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Birmingham and the Black Country and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing lawyer who carried out the work.

I am purchasing my first flat in Birmingham and the Black Country with the aid of help to buy. The sellers refused to reduce the amount so I negotiated 6k of fixtures and fittings instead. The property agent suggested that I not inform my conveyancer about the side-deal as it would jeopardize my mortgage with the bank. Is this normal?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Are there common problems that you come across in leases for Birmingham and the Black Country properties?

Leasehold conveyancing in Birmingham and the Black Country is not unique. All leases are unique and legal mistakes in the legal wording can result in certain clauses are not included. The following missing provisions could result in a defective lease:

Service charge per centages that don't add up correctly leaving a shortfall Repairing obligations to or maintain elements of the premises

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Barnsley Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

Leasehold Conveyancing in Birmingham and the Black Country - A selection of Queries before buying

The prefered form of lease structure is a share of the freehold. In this situation the tenants have control and even though a managing agent is usually retained where the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Its a good idea to discover as much as possible about the company managing the block as they will either make life much simpler or much more difficult. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the upkeep of the communal areas. You should not be afraid to ask other tenants what they think of their management. Finally, find out the dates that the maintenance charges are due to the relevant party and precisely what you get for your money.