My partner and I are nearing an exchange on a flat in Kemp Town and my mum and dad have transferred the exchange deposit to my lawyer. I am now informed that as the deposit has not come from me my conveyancing practitioner needs to make a notification to my lender. I am advised that, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I advised the mortgage company concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to be an issue?

Your lawyer is legally required to check with mortgage company to make sure that they know that the balance of the purchase price is not from your own resources. Your solicitor can only disclose this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.

I am purchasing a property and the solicitor has raised the issue of Chancel Repair for which the house could be obligated to pay as it falls into the area of such a church. He has recommended insurance. Is this really appropriate for conveyancing in Kemp Town

Unless a prior acquisition of the property took place post 12 October 2013 you can take it that solicitors handling conveyancing in Kemp Town to remain encouraging a chancel search and or insurance against a claim.

Despite weeks of looking the Title Certificate and documents to my house are lost. The solicitors who dealt with the conveyancing in Kemp Town 10 years ago no longer exist. Will I be able to sell the house?

Nowadays there are duplicates made of almost everything, and your conveyancer will know exactly where to locate all the appropriate documentation so you may purchase or sell your property without a hitch. Where copies can’t be found, your conveyancer may be able to put in place insurance or indemnities against future claims on the property.

I work for a reputable estate agency in Kemp Town where we have witnessed a few flat sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Kemp Town conveyancing firms. Could you shed some light as to whether the owner of a flat can instigate the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Kemp Town Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Are any of leasehold owners in arrears of their service charge liability? Are there any major works in the planning that will likely increase the maintenance charges? Who manages the block?

My work colleague mentioned that before selecting a conveyancing lawyer they must be approved by your lender. It happens to be my first home move but I have an offer in principle with Nat West Bank and I already have a family conveyancing lawyer in Kemp Town at the ready. Can HSBC require an approved conveyancer to be selected? Does a directory of approved firms even exist so I can pick a conveyancing solicitor in Kemp Town?

You should choose a solicitor that is on the HSBC panel. Just telephone your chosen Kemp Town conveyancing lawyer to check if they are on the HSBC panel. If they are not approved you have a number of choices open to you here:

• Carry on with your chosen Kemp Town conveyancer but HSBC will no doubt instruct a conveyancing practitioner on their approved panel. The net impact is additional fees and potential interruption.
• Appoint a new conveyancing practitioner to act in the purchase, not forgetting to check that they are on the HSBC conveyancing panel.
• Convince your conveyancing practitioner to attempt to join the lender panel.