What is the first thing I need to know regarding purchase conveyancing in Matlock?

You may not hear this from too many lawyers but conveyancing in Matlock and elsewhere in Derbyshire is often a confrontational process. In other words, when it comes to conveyancing there exists plenty of room for friction between you and others involved in the ownership transfer. E.g., the vendor, property agent and on occasion the mortgage company. Choosing a solicitor for your conveyancing in Matlock should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the transaction whose interest is to look after your best interests and to protect you.

Every so often a potential adversary may attempt to persuade you that you should follow their advice. For instance, the property agent may claim to be assisting by claiming that your lawyer is slow. Or your mortgage broker may try to convince you to do something that is against your solicitors guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.

When it comes to mortgage companies such as Aldermore, do Matlock property lawyers face a fee to be on the list of approved solicitors?

We are not aware of any lender fees to be on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel submission.

Completion of my remortgage has taken place for my property in Matlock. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?

All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. In most cases complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.

After months of negotiation I have agreed a price on an apartment in Matlock. My mortgage broker suggested a property lawyer. I paid an upfront payment of £150. Not long after, the property lawyer called me to say that they were not on the Bank of Ireland conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Bank of Ireland panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

What does commercial conveyancing in Matlock cover?

Commercial conveyancing in Matlock covers a broad array of guidance, provided by qualified solicitors, relating to business property. For instance, this type of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.

I've recently bought a leasehold flat in Matlock. Am I liable to pay service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Leasehold Conveyancing in Matlock - Examples of Queries before buying

Generally speaking the outlay for major works are not built into the service charges, although there some managing agents in Matlock require leaseholders to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance. Are any of leasehold owners in dispute over their service charge payments? Does the lease contain onerous restrictions?

We are midway through purchasing a residence in Matlock. Conveyancing lawyer has called to say the title is "Leasehold". Will this likely adversely affect the salability of the house?

Matlock conveyancing does not ordinarily involve leasehold houses. The key consideration here is the remaining lease term and the ground rent. If it's 999 years with a nominal rent, it's virtually freehold, so it’s unlikely to affect the marketability too much.

On the flip side, if it's, say, Sixty years it is bound to have a adverse effect on the value, and probably wouldn't be mortgageable. The length of lease and ground rent will be stated in the lease which should be made available to your solicitor.