My partner and I changing mortgage lender for our maisonette in Gwernaffield with Nationwide. We have a son 18 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Nationwide conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) Does our son by signing this giving up his rights to inherit the property?

First, rest assured that your Nationwide conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Nationwide. This is solely used to protect Nationwide if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Nationwide had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

Will my conveyancing lawyers need to check that the building insurance for my purchase of a house in Gwernaffield. My lender is Chelsea Building Society

Chelsea Building Society have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 27/4/2024, the requirements read as follows :

Should our solicitor be raising enquiries about flooding during the conveyancing in Gwernaffield.

Flooding is a growing risk for conveyancers dealing with homes in Gwernaffield. There are those who purchase a house in Gwernaffield, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, however there are a number of searches that may be carried out by the buyer or by their conveyancers which can give them a better appreciation of the risks in Gwernaffield. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the seller to determine whether the property has historically flooded. If flooding has previously occurred which is not revealed by the seller, then a purchaser could bring a legal claim for losses resulting from an inaccurate answer. A purchaser’s lawyers may also conduct an enviro report. This should reveal whether there is any known flood risk. If so, further investigations will need to be made.

My husband and I are FTB’s - had an offer accepted, yet the estate agent informed us that the owners will only proceed if we appoint their recommended conveyancers as they need an ‘expedited deal’. We would rather use a high street conveyancer used to conveyancing in Gwernaffield

It is improbable the owners are behind this. Should the owner desire ‘a quick sale', alienating a serious purchaser is is going to put the whole deal at risk. Speak to the vendors direct and make the point that (a)you are keen to buy (b)you are excited to move forward, with finances arranged © you have nothing to sell (d) you wish to move quickly (e)however you will continue to appoint your preferred Gwernaffield conveyancing lawyers - as opposed tothose that will provide their estate agent a introducer fee or meet his conveyancing figures demanded by head office.

Why do I have to supply my property lawyer with a list of items of identification ahead of starting my conveyancing in Gwernaffield?

Gwernaffield lawyers are duty bound by the Law Society, Solicitors Regulation Authority, HMLR and current AML Regulations to record that the have verified the identity of their clients. It is also sometimes a requirement of your mortgage offer. Furthermore they have to complete various forms, particularly those relating to Land Tax and need to have information such as your full names, NI number and date of birth.