My solicitor has identified a a legal deficiency with the lease for the flat we are buying in Drybrook. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor says that he must be satisfied that the lender is happy with this solution. Are we the client or is the bank?

Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. These conveyancing instructions have to be complied with.

We are expecting a mortgage offer soon. The lender mentioned the home loan came with free conveyancing. Is the implication that I have to use their panel lawyer as I would much rather use a high street conveyancing solicitor in Drybrook?

Do check but the the probability is that appoint one of their panel conveyancers where you accept the "fee-free" incentive. Contact the lender to see if they offer you a cash alternative. Some mortgage companies have previously offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor near Drybrook.

I am purchasing my first flat in Drybrook with a loan from Barclays Direct. The developers would not reduce the amount so I negotiated 6k of additionals instead. The house builders rep advised me not to tell my lawyer about this extras as it will affect my loan with the bank. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the builder 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.

I have been sourcing a conveyancing practitioner in Drybrook for my house move. Can I see a firm’s record with the profession’s regulator?

You may search for published Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors history, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, call +44 (0)121 329 6800. The SRA could recorded telephone calls for training reasons.

Last March I purchased a leasehold property in Drybrook. Do I have any liability for service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Drybrook Leasehold Conveyancing - A selection of Queries before buying

Best to be warned whether a new roof is being put on or some other major work is anticipated that will be shared by the tenants and will materially impact the level of the maintenance charges or necessitate a specific invoice. Are there any major works in the near future that could increase the service costs? This information is useful as a) areas can cause problems for the building as the communal areas may begin to deteriorate where repairs are not paid for b) if the tenants have a dispute with the managing agents you will need to know about it