What happens if my lawyer’s firm is removed from the HSBC Solicitor panel ahead of completing my conveyancing in Millbank?

The first thing to point out is that, this is a very rare occurrence. 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.

Should our lawyer be raising questions about flooding as part of the conveyancing in Millbank.

Flooding is a growing risk for lawyers specialising in conveyancing in Millbank. There are those who buy a property in Millbank, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not qualified to impart advice on flood risk, but there are a numerous checks that can be initiated by the buyer or on a buyer’s behalf which will give them a better appreciation of the risks in Millbank. The conventional set of information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the seller to discover whether the premises has historically flooded. If the property has been flooded in past and is not disclosed by the owner, then a purchaser could bring a claim for damages as a result of such an misleading response. The buyer’s conveyancers will also conduct an environmental report. This should reveal whether there is a recorded flood risk. If so, additional inquiries should be initiated.

We're novice buyers - had an offer accepted, but the selling agent has warned us that the vendor will only move forward if we instruct their recommended lawyers as they need a ‘quick sale’. Our preferred option is to instruct a high street conveyancer with experience of conveyancing in Millbank

We suspect that the seller is unaware of this demand. If they desire ‘a quick sale', taking such a hostile approach to a serious buyer is counter productive. Try to communicate with the owners directly and explain that (a)you are motivated purchasers (b)you are excited to move forward, with finances arranged © you are unencumbered (d) you wish to move quickly (e)however you are going to appoint your preferred Millbank conveyancing firm - as opposed tothose that will provide their negotiator at the agency a referral fee or meet his conveyancing thresholds demanded by senior management.

I would like to rent out my leasehold flat in Millbank. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your last Millbank conveyancing solicitor is no longer around you can check your lease to see if it allows you to sublet the property. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you must seek consent from your landlord or some other party before subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I am the proprietor of a first floor flat in Millbank. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?

Most certainly. We can put you in touch with a Millbank conveyancing firm who can help.

An example of a Lease Extension decision for a Millbank premises is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired term as at the valuation date was 56 years.

Estate agents have just been given the go-ahead to market my ground floor flat in Millbank.Conveyancing has not commenced however I have just had a yearly maintenance charge invoice – Do I pay up?

It best that you clear the service charge as usual because all rents and service payments should be allottedon completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially