I am expecting a mortgage offer from Santander. I would like to employ the services of a Licensed Conveyancer in Melbourne. Does the Santander Conveyancing panel allow for conveyancers regulated by the CLC?

The Santander conveyancing panel is, like many other lenders, associated to the CML or Building Society Association, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.

I happen to be the sole recipient of my late grandmother’s will with all property in now in my sole name, including the house in Melbourne. The Melbourne property was put into my name in . I plan to dispose of the house. I understand that there is a CML 6 month 'rule', which means that my proprietorship will be treated the same way as if I'd bought the property in . Do I have to wait 6 months to sell?

The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. Some banks would take a practical view as this obligation principally exists to pick up on subsales or the wholesaling and assigning of properties.

is it true that all Melbourne solicitor firms on the conveyancing panel are regulated by the SRA?

As solicitors, in order to be on the conveyancing panel they would need to be regulated by the SRA. Many lenders do permit licenced conveyancers on their panel in which case such firms would be regulated by the CLC.

We are getting a further advance on our mortgage from as we want to conduct alterations to our house in Melbourne. Do we need to select a local Melbourne solicitor on the conveyancing panel to deal with the legals?

do not ordinarily appoint 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 conveyancing panel.

I am purchasing a new build house in Melbourne benefiting from help to buy. The builders refused to reduce the amount so I negotiated £7000 of additionals instead. The sale representative advised me not reveal to my solicitor about the deal as it may affect my mortgage with . Do I keep my lawyer in the dark?.

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.

Due to the encouragement of my in-laws I had a survey completed on a property in Melbourne prior to retaining lawyers. I have been advised that there is a flying freehold element to the property. The surveyor advised that some mortgage companies may refuse to issue a mortgage on a flying freehold premises.

It varies from the lender to lender. Lloyds has different instructions from Birmingham Midshires. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Melbourne. Conveyancing will be smoother if you use a solicitor in Melbourne especially if they are familiar with such properties in Melbourne.

Looking forward to exchange soon on a leasehold property in Melbourne. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

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

Repair and maintenance of the property You must be told what counts as a Nuisance as far as the lease is concerned You should be sent a copy of the lease The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. Responsibility to repair and maintain the building. It is essential for you to know which party is liable for the repair and maintenance of all parts of the block and communal areas

Melbourne Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

Plenty Melbourne leasehold apartments will incur a service charge for maintenance of the block invoiced by the freeholder. If you acquire the apartment you will have to meet this liability, usually quarterly during the year. This may be anything from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all likelihood there will be a ground rent to be met annual, normally this is not a exorbitant sum, say around £25-£75 but you need to enquire as occasionally it could be many hundreds of pounds. How many of the leaseholders are in arrears for their service charge payments? Is there a share of the freehold?