My fiancee and I are purchasing our first property. Our lawyer has messagedto see if we wish to purchase additional conveyancing searches. As novices we in the dark as to what's recommended for conveyancing in Edmonton

The quantity and type of Edmonton conveyancing searches depends entirely on the property, the location, the likelihood of any of these risks, your knowledge of the region and risks, your overall approach to risk. What is important is that you properly understand what information each search could provide. Then you can make a decision if you consider that you need that search. Where you are in doubt, ask the lawyer to recommend.

I am assisting my mother sell her property in Edmonton. Will the solicitor commission the energy performance certificate or it is for the owner to coordinate?

Following the abolition of HIPs, energy performance certificates was left as a required element of selling a house. An energy assessment needs to be to hand before the property is advertised. This is not a task that law firms normally arrange. Where you are using a Edmonton conveyancing lawyer they might help arrange energy assessments due to their relationships with reputable Edmonton energy assessors

We have agreed to purchase a house in Edmonton. A rare aspect is that the roof has a solar panel. Coventry BS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that your lender is Coventry BS your lawyer must comply with the conveyancing instructions contained in Part two of UK Finance Lenders’ Handbook for Coventry BS. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and solicitors are required to report to Coventry BS where a lease fails to comply with these specifications. The specifications relate to the installation of panels on properties countrywide and is not isolated to Edmonton.

After weeks of negotiation I have agreed a price on a house in Edmonton. My financial adviser suggested a conveyancing practitioner. I paid an on account payment of £225. Shortly after, the lawyer contacted me to say that they were not on the Skipton conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Skipton panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

Should our conveyancer be making enquiries regarding flooding as part of the conveyancing in Edmonton.

The risk of flooding is if increasing concern for lawyers dealing with homes in Edmonton. There are those who acquire a house in Edmonton, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.

Conveyancers are not best placed to give advice on flood risk, but there are a number of checks that may be carried out by the purchaser or by their conveyancers which will figure out the risks in Edmonton. The conventional set of information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the owner to determine whether the premises has suffered from flooding. In the event that the premises has been flooded in past which is not notified by the seller, then a purchaser could issue a compensation claim stemming from an inaccurate reply. The buyer’s lawyers may also carry out an enviro search. This should higlight whether there is a recorded flood risk. If so, additional investigations should be conducted.

I decided to have a survey completed on a house in Edmonton in advance of instructing conveyancers. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some banks may refuse to give a loan on this type of house.

It depends who your proposed lender is. HSBC has different requirements for example to Halifax. Should you wish to call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Edmonton. Conveyancing may be slightly more expensive based on your lender's requirements.

I am attracted to a two maisonettes in Edmonton both have in the region of 50 years remaining on the leases. Will this present a problem?

There are no two ways about it. A leasehold flat in Edmonton is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the marketability of the property. The majority of buyers and lenders, leases with under 75 years become less and less marketable. On a more positive 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 premises 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 Edmonton conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending 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 any new 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.

We have reached the end of our tether in trying to purchase the freehold in Edmonton. Can this matter be resolved via the Leasehold Valuation Tribunal?

Absolutely. We are happy to put you in touch with a Edmonton conveyancing firm who can help.

An example of a Vesting Order and Purchase of freehold case for a Edmonton residence is Ground Floor Flat 4A Baronet Road in February 2010. Following a vesting order by Edmonton County Court on 23rd December 2008 (case number 8ED064) the Tribunal decided that the price that the Applicant for the freehold interest should pay is £8,689.00 This case was in relation to 2 flats. The unexpired term as at the valuation date was 80.01 years.