My partner and I are hoping to purchase a property in Henbury and are in fact using a Henbury conveyancing firm. Within the last couple of days our property lawyer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Accord Mortgages Ltd have this evening contacted us to inform me that they have now hit a problem as our Henbury lawyer is not on their approved list of lawyers. Please explain?

When purchasing a property with the benefit of a mortgage it is usual for the purchasers' lawyers to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Henbury lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.

There are plenty of conveyancing solicitors in Henbury but how do I know who I should use?

Do not opt for the cheapest Henbury conveyancing quote. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

When it comes to mortgage companies such as Yorkshire BS, do Henbury conveyancers face an annual charge to be on the list of approved solicitors?

We are unaware of any bank fees to be on their list of approved firms, although some do levy an administration fee to deal with the processing of the conveyancing panel application.

I have instructed a Henbury lawyer having checked that they are on the TSB conveyancing panel. Does my lawyer arrange the survey of the property?

TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Henbury postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in Henbury.

I am buying a new build flat in Henbury. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Henbury

Please supply a car parking plan. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are architect prepared.

I decided to have a survey done on a house in Henbury before instructing lawyers. I have been advised that there is a flying freehold element to the house. Our surveyor advised that some banks tend refuse to issue a mortgage on such a home.

It varies from the lender to lender. HSBC has different requirements for example to Nationwide. Should you wish to telephone us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Henbury. Conveyancing may be slightly more expensive based on your lender's requirements.

My wife and I purchased a leasehold flat in Henbury. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Henbury who previously acted has now retired. What should I do?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Henbury conveyancing lawyer to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Henbury Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

How much is the ground rent and service charge? Are there any major works anticipated that will likely add a premium to the maintenance costs? The best form of lease arrangement is if the freehold interest is owned by the leaseholders. In this situation the tenants benefit from being in charge if their destiny and notwithstanding that a managing agent is usually employed if it is bigger than a house conversion, the managing agent is directed by the tenants.