We wanted to use a property lawyer in Melbourne for our house move. Our broker informed us that our bank TSB won't deal with them. Why is this not regarded as unfair competition?

Lenders on the whole restrict either the type or the number of conveyancing solicitors on their panel. A common example of such restriction(s) being that a law practice must not be a sole practitioner. As well as restricting the profile of firm, some have limited the amount of solicitor practices they allow to act for them. Be aware that TSB have no responsibility for the quality of advice provided by any member of TSB Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of solicitor panels a few years ago even though there are mixed opinions about the level of solicitor engagement in some of that fraud. Figures from the Land Registry reveal that hundreds of law firms, including some in or near Melbourne only perform a couple conveyances a year.

I am assisting my step-mother sell her property in Melbourne. Does the conveyancer order the energy assessment or should I organise this?

Following the demise of Home Packs, EPC’s remained a compulsory element of selling a house. An energy assessment should be commissioned prior to the property being advertised. It is not something that lawyers ordinarily arrange. Where you are using a Melbourne conveyancing practitioner they might help arrange energy performance certificates due to their relationships with reputable Melbourne energy assessors

We previously appointed conveyancers with offices in Melbourne on the RBS solicitor panel. They have just invoiced me an additional fee for dealing with the RBS mortgage. Is this an additional conveyancing fee set by RBS?

Unfortunately, so long as it is in their Terms and Conditions or estimate then yes your property lawyer may charge a fee for this. This fee is not set by RBS but by your Melbourne conveyancing practitioner. Some firms on the RBS panel will charge an ‘acting for lender’ fee and others do not.

I have paid off my mortgage with Nationwide. I assume I don't need a Melbourne property lawyer on the Nationwide panel to remove the mortgage at the Land Registry. Am I right?

If you have finished paying off your Nationwide mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nationwide mortgage from the register. Nationwide, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Nationwide has sent the Land Registry the discharge electronically, and
3. Nationwide has instructed the Land Registry to do so

I'm purchasing a new build house in Melbourne with a mortgage from Barnsley Building Society. The sellers refused to budge the amount so I negotiated £7000 of additionals instead. The property agent suggested that I not reveal to my conveyancer about the deal as it may affect my loan with Barnsley Building Society. Is this normal?.

All lenders require a Disclosure of Incentives Form from the developer 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.

I've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Melbourne is where the house is located. Can you offer any advice?

Flying freeholds in Melbourne are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Melbourne you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Melbourne may ascertain 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 property.

I own a leasehold house in Melbourne. Conveyancing and Platform Home Loans Ltd mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Melbourne who acted for me is not around. What should I do?

The first thing you should do is contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Melbourne conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I acquired a leasehold flat in Melbourne, conveyancing having been completed 8 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Melbourne with an extended lease are worth £227,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease comes to an end on 21st October 2096

With only 72 years remaining on your lease we estimate the premium for your lease extension to span between £9,500 and £11,000 plus professional fees.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.