I have today made my last payment due on my mortgage with UBS. I assume I don't need a Brighton property lawyer on the UBS panel to discharge the mortgage at the Land Registry. Am I right?

If you have finished paying off your UBS 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 UBS mortgage from the register. UBS, 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 UBS has sent the Land Registry the discharge electronically, and
3. UBS has instructed the Land Registry to do so

I can not work out if my mortgage offer requires a lease extension. I have telephoned my Brighton bank branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My Brighton conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. Who do I believe?

The conveyancing practitioner has to follow the Council of Mortgage Lenders’ Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.

I was told two weeks ago that my mortgage has been agreed to by Principality. Is it usual for Principality to only issue the offer once my solicitor in Brighton is approved on their conveyancing panel? Principality have asked my solicitor to see a copy of their PI Insurance.

Mortgage companies tend not to not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Principality to deal with your lawyer's application to be on the Principality conveyancing panel. There's no guarantee that your solicitor will be accepted.

Should our lawyer be raising enquiries concerning flooding during the conveyancing in Brighton.

The risk of flooding is if increasing concern for solicitors dealing with homes in Brighton. There are those who acquire a property in Brighton, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Conveyancers are not qualified to give advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Brighton. The conventional set of completed inquiry forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the owner to determine if the premises has suffered from flooding. If the property has been flooded in past which is not disclosed by the owner, then a purchaser could bring a claim for damages as a result of such an incorrect response. A purchaser’s lawyers will also commission an environmental search. This should higlight if there is any known flood risk. If so, further investigations will need to be carried out.

I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Brighton is where the house is located. Can you shed any light on this issue?

Flying freeholds in Brighton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Brighton you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brighton may decide 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 premises.

My husband and I are FTB’s - agreed a price, yet the estate agent informed us that the vendor will only proceed if we use their recommended lawyers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a high street conveyancer with experience of conveyancing in Brighton

It is highly unlikely the owners are behind this. If they desire ‘a quick sale', turning down a motivated purchaser is counter productive. Bypass the agents and go straight to the sellers and explain that (a)you are serious buyers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)however you will continue to appoint your preferred Brighton conveyancing firm - rather thanthe ones that will give the negotiator at the agency a introducer fee or achieve conveyancing figures pre-set by head office.

I am tempted by the attractive purchase price for a couple of maisonettes in Brighton both have in the region of 50 years remaining on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold apartment in Brighton is a wasting asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it reduces the salability of the property. The majority of buyers and lenders, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Brighton conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I own a split level flat in Brighton, conveyancing formalities finalised half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Brighton with an extended lease are worth £181,000. The ground rent is £55 yearly. The lease runs out on 21st October 2077

You have 51 years remaining on your lease we estimate the premium for your lease extension to be between £30,400 and £35,200 plus professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.