Our conveyancer has uncovered a a legal deficiency with the lease for the flat we are purchasing in Ireleth and Askam. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancing practitioner says that he must be satisfied that the lender is content with this solution. Are we the client or is the mortgage company ?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.

Do I need to attend the offices of the solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in Ireleth and Askam so that I can attend their offices if necessary.

Whereas this was necessary twenty years ago, most lenders no longer oblige their conveyancing panel lawyer to witness the mortgagors signature. It will still be necessary for you to supply ID documents and there are still manifest benefits to instructing a local solicitor, in your situation a conveyancing solicitor in Ireleth and Askam.

We are getting the release of further funds on our home loan from Kent Reliance as we want to conduct a loft conversion to our home in Ireleth and Askam. Do we need to appoint a high street Ireleth and Askam solicitor on the Kent Reliance conveyancing panel to handle the legals?

Kent Reliance do not ordinarily instruct a member of their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Kent Reliance panel.

I am currently in the process of buying my council flat in Ireleth and Askam. I have a mortgage offer with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.

I am due to exchange contracts on my flat. I had a double glazing fitted in March 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Skipton are being pedantic. The Ireleth and Askam solicitor who is on the Skipton conveyancing panel is saying indemnity insurance will be fine but Skipton are requiring a building regulation certificate. Why do Skipton have a conveyancing panel if they don't accept advice from them?

It is probably the case that Skipton have referred the matter to their valuer. The reason why Skipton may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Planning to exchange soon on a basement flat in Ireleth and Askam. Conveyancing lawyers inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Ireleth and Askam should include some of the following:

Are you allowed to have a pet in the flat? Responsibility to repair and maintain the building. It is important for you to know who is responsible the repair and maintenance of all parts of the block and estate Responsibility for maintaining the window frames Your solicitors should enable you to have an understanding of the building insurance obligations Setting out your legal entitlements in respect of common areas in the block.For example, does the lease grant a right of way over an accessway or staircase?

Ireleth and Askam Leasehold Conveyancing - Sample of Queries Prior to buying

It is important to be aware whether a new roof is being put on or some other significant cost is coming up to be shared amongst the tenants and may well dramatically impact the level of the service fees or require a one off invoice. You will want to find out as much as you can concerning the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the tidiness of the common parts. Ask other people if they are happy with them. Finally, find out the dates that the maintenance fees are due to the appropriate party and precisely what you get for your money. You should be aware that where the lease has fewer than 80 years it will impact the marketability of the property. Check with your mortgage company that they are content with residual term of the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out what this will be. Remember, in most cases you would need to own the residence for 24 months in order to be eligible to carry out a lease extension.

What is the reason for my conveyancing practitioner requiring various items of identification ahead of starting selling or buying a property in Ireleth and Askam?

Ireleth and Askam conveyancing practitioners are obliged by the Law Society, Solicitors Regulation Authority, HMLR and current AML legislation to record that the have checked the identity of their clients. It will also be a requirement of your lender where you are obtaining a mortgage. In addition they have to complete various forms, particularly those relating to SDLT and need to have details such as your full names, NI number and DOB.