We are purchasing a 3 bedroom flat in Erith with a mortgage. We would like to retain our Erith lawyer, but the mortgage company advise she’s not on their "panel". It appears that we have no choice but to select one of the lender panel firms or retain our Erith property lawyer as well as pay for one of their panel ones to act for them. This seems very unfair; can we not demand that the bank use our Erith lawyer ?

Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Erith conveyancing solicitor to apply to be on the conveyancing panel.

I am the registered owner of a freehold residence in Erith but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Erith and has limited impact for conveyancing in Erith but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.

Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

I need some quick conveyancing in Erith as I have pressure to exchange contracts in less than 3 weeks. A home loan is not required. Can I escape the need for conveyancing searches to save money and time?

If.Given you are are a mortgage free purchaser you are at liberty not to do searches although no law firm would advise that you don't. Drawing on years of experience of conveyancing in Erith the following are instances of issues that can arise and adversely affect future mortgageability: Refused Planning Applications, Overdue Charges, Outstanding Grants, Unadopted Roads,...

Due to the advice of my in-laws I had a survey completed on a house in Erith prior to appointing solicitors. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some banks may refuse to grant a mortgage on such a premises.

It varies from the lender to lender. Santander has different instructions for example to Birmingham Midshires. If you contact us we can look into this 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 Erith. Conveyancing may be slightly more expensive based on your lender's requirements.

All being well we will complete our sale of a £375,000 apartment in Erith in six days. The management company has quoted £300 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Erith?

Erith conveyancing on leasehold apartments usually necessitates fees being invoiced by management companies :

Answering pre-contract questions Where consent is required before sale in Erith Supplying insurance information Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Erith leasehold property is £350. For Erith conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply the information.

I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Erith conveyancing firm to help?

Absolutely. We can put you in touch with a Erith conveyancing firm who can help.

An example of a Lease Extension case for a Erith residence is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case related to 13 flats. The unexpired term as at the valuation date was 76 years.