What is the first thing I need to know about purchase conveyancing in Blackwall?

Not many law firms or advisers will tell you this but conveyancing in Blackwall or throughout England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there exists an abundance of opportunity for confrontation between you and other parties involved in the ownership transfer. E.g., the seller, estate agent and sometimes a mortgage company. Choosing a law firm for your conveyancing in Blackwall should not be taken lightly as your conveyancer is your adviser, and is the ONE person in the legal process whose role it is to act in your best interests and to keep you safe.

There is a worrying creep in the "blame" culture- someone has to be blamed for the process being so protracted. We recommend that you your first instinct should be to trust your conveyancer above all other parties in the conveyancing process.

Is it correct that all Blackwall CQS (Conveyancing Quality Scheme) solicitors are on the Yorkshire BS conveyancing panel?

It is true that some banks and building societies now make use of CQS as the kick off point for Panel membership such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.

We previously instructed solicitors with offices in Blackwall on the Lloyds solicitor approved list. They have just invoiced me a separate charge for handling the Lloyds mortgage. Is this an additional conveyancing fee set by Lloyds?

Provided it is contained in their Terms and Conditions or Quote then yes your conveyancing practitioner may levy a fee for this. The charge is not dictated by Lloyds but by your Blackwall property lawyer. Some firms on the Lloyds panel will levy ’dealing with mortgage’ fee and others do not.

I have paid off my mortgage with Yorkshire BS. I assume I don't need a Blackwall lawyer on the Yorkshire BS panel to discharge the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Yorkshire BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Yorkshire BS mortgage from the register. Yorkshire BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Yorkshire BS has sent the Land Registry the discharge electronically, and
3. Yorkshire BS has instructed the Land Registry to do so

How does conveyancing in Blackwall differ for new build properties?

Most buyers of new build or newly converted property in Blackwall come to us having been asked by the seller to sign contracts and commit to the purchase even before the premises is completed. This is because developers in Blackwall usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Blackwall or who has acted in the same development.

I opted to have a survey completed on a property in Blackwall in advance of appointing lawyers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some mortgage companies may not give a loan on this type of premises.

It depends who your proposed lender is. Santander has different requirements from Nationwide. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Blackwall. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Blackwall to see if the conveyancing costs will increase in light of this.

Do you have any top tips for leasehold conveyancing in Blackwall with the intention of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Blackwall can be avoided where you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers’ representatives.
You believe that you know the number of years remaining on your lease but you should double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the lease term is less than 75 years. In the circumstances it is important 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 home on the market for sale. If you hold a share in a the Management Company, you should ensure that you have the original share document. Organising a new share certificate is often a time consuming formality and delays many a Blackwall home move. Where a reissued share is needed, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity. If you have had any disputes with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a property where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 purchasers, but it is better to present the dispute as historic as opposed to unsettled. The majority of landlords or Management Companies in Blackwall levy fees for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Blackwall.

I have attempted and failed to negotiate with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Blackwall conveyancing firm to represent me?

Where there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to calculate the premium.

An example of a Freehold Enfranchisement case for a Blackwall property is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case was in relation to 3 flats. The unexpired lease term was 101.61 years.