My grandson is in the process of securing a newly built flat in Enfield Highway with a home loan from Bank of Ireland. His conveyancer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Bank of Ireland conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Bank of Ireland conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

I decided to have a survey done on a property in Enfield Highway before instructing lawyers. I have been informed that there is a flying freehold element to the property. My surveyor has said that some lenders tend refuse to issue a loan on this type of home.

It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. If you e-mail us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Enfield Highway. Conveyancing will be smoother if you use a solicitor in Enfield Highway especially if they regularly deal with such properties in Enfield Highway.

Am I right to be concerned by 3rd parties that I am dealing with are encouraging me to use an internet conveyancing firm rather than a High Street Enfield Highway conveyancing practice?

As is the case with many service providers, often suggestions from connections can be extremely useful or valuable. But there are numerous players in a conveyancing transaction; estate agents, financial adviser and lenders may recommend lawyers to choose. Sometimes the solicitors might be known to one of the organisations as being good in their field, but sometimes there might be a commercial relationship behind the recommendation. You are at liberty to choose your preferred lawyer. Don't forget that most mortgage providers have an approved list of lawyers you have to use for the lender aspect of your house move.

I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Enfield Highway conveyancing firm to represent me?

Where there is a missing landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to calculate the price.

An example of a Vesting Order and Purchase of freehold decision for a Enfield Highway 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 related to 2 flats. The unexpired lease term was 80.01 years.

When it comes to leasehold conveyancing in Enfield Highway what are the most frequent lease problems?

There is nothing unique about leasehold conveyancing in Enfield Highway. All leases are individual and drafting errors can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

A provision for the recovery of money spent for the benefit of another party. A provision to repair to or maintain elements of the premises

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Coventry Building Society, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

I am due to assess quotes for conveyancing in Enfield Highway from three property lawyer and decide on one. Do I get them to sit tight until I I have my bid accepted on a house.

We would recommend that you wait to ask your lawyer to open a file and submit searches once the sales memorandum has been sent by the estate agent particularly as Enfield Highway conveyancing searches are not cheap.