I am six weeks into the sale of my apartment in Ilkeston and the EA has just text me to advise that the buyers are switching law firm. I am told that this is due to the fact that the mortgage company will only engage with property lawyers on their approved list. Why would a big named lender only work with specific lawyers rather the firm that they want to select for their conveyancing in Ilkeston ?

Mortgage companies have always had panels of law firms that can act for them, but in the past few years big names such as Lloyds Banking Group, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.

Lenders point to the increase in fraud by way of justification for the reduction – criteria have been stiffened as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.

Will our conveyancer be raising enquiries about flooding as part of the conveyancing in Ilkeston.

Flooding is a growing risk for conveyancers dealing with homes in Ilkeston. There are those who purchase a property in Ilkeston, completely expectant that at some time, it may be flooded. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.

Solicitors are not best placed to offer advice on flood risk, but there are a number of checks that can be undertaken by the buyer or by their solicitors which should give them a better understanding of the risks in Ilkeston. The standard information given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to determine whether the property has ever been flooded. If flooding has previously occurred and is not revealed by the vendor, then a purchaser could bring a legal claim for losses stemming from an misleading reply. A buyer’s conveyancers should also commission an environmental search. This will higlight whether there is any known flood risk. If so, more detailed investigations should be carried out.

I am buying a new build apartment in Ilkeston. Conveyancing is necessary evil 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 legal work.

Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Ilkeston

Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply a car parking plan.

Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what should have been a straight forward, chain free conveyancing. Ilkeston is the location of the property. Can you shed any light on this issue?

Flying freeholds in Ilkeston are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Ilkeston you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Ilkeston may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.

We expect to complete our sale of a £275,000 apartment in Ilkeston on Tuesday in a week. The managing agents has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Ilkeston?

Ilkeston conveyancing on leasehold maisonettes normally involves fees being levied by landlords agents :

Answering conveyancing due diligence enquiries Where consent is required before sale in Ilkeston Copies of the building insurance and schedule Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Ilkeston leasehold property is £350. For Ilkeston 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 provide answers.

Ilkeston Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Best to be warned whether fixing the lift or some other significant cost is due shortly to be shared amongst the leasehold owners and could well dramatically impact the level of the service charges or result in a one time payment. In the main the cost for major works tend not to be incorporated into the maintenance charges, although a few managing agents in Ilkeston ask leasehold owners to pay into a sinking fund and this is used to offset against major repairs or maintenance. Many Ilkeston leasehold flats will have a service charge for the upkeep of the building set by the landlord. Where you acquire the flat you will have to meet this amount, normally quarterly accross the year. This can vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a rentcharge for you to pay annual, normally this is not a large sum, say around £25-£75 but you should to check as occasionally it can be surprisingly expensive.