My partner and I are refinancing our penthouse in Matlock with Barclays. We have a son 18 who lives with us. Our solicitor requested us to identify any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have two questions (1) Is this form unique to the Barclays conveyancing panel as he never had to sign this form when we bought 3 years ago (2) Does our son by signing this extinguish his rights to inherit the property?

On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Barclays. This is solely used to protect Barclays if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Barclays had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

Can you clarify what the consequences are if my lawyer’s firm is removed from the Principality Solicitor panel ahead of completing my conveyancing in Matlock?

First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.

I am purchasing my first flat in Matlock with a loan from Birmingham Midshires. The developers refused to move on the amount so I negotiated 6k of additionals instead. The sale representative advised me not reveal to my conveyancer about the deal as it would impact my loan with the bank. Is this normal?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

If all goes to plan we aim to complete the disposal of our £250,000 apartment in Matlock next week. The freeholder has quoted £420 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Matlock?

Matlock conveyancing on leasehold maisonettes usually involves administration charges invoiced by managing agents :

Addressing pre-exchange enquiries Where consent is required before sale in Matlock Supplying insurance information Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Matlock leasehold premises is £350. For Matlock 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.

Matlock Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

Is the freehold reversion owned jointly by the leaseholders? It would be sensible to find out if the the lease contains any unreasonable restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in in a block in Matlock. If you love the flatin Matlock but your dog is not allowed to make the move with you then you will be presented with a difficult compromise. The answer will be useful as a) areas could cause problems in the building as the common areas may begin to deteriorate if repairs are not paid for b) if the leaseholders have a dispute with the managing agents you will need to have all the details

Do I need to visit the offices of the mortgage company conveyancing panel solicitor to execute the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Matlock as it will be easier to attend their offices if necessary.

Most conveyancing panel lawyers for the bank undertake all of the work via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. YOu dont have to use a conveyancing solicitor in Matlock. it would nevertheless be wise to check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.