I am in the process of selling my house in Mountain Ash and the estate agent has just called to warn that the buyers are swapping property lawyer. The reason given is that the mortgage company will only deal with property lawyers on their approved list. On what basis would a leading lender only engage with specific solicitors rather the firm that they want to appoint to handle their conveyancing in Mountain Ash ?

Banks have always had an approved set of law firms they are willing to work with, but in the past few years big names such as Nationwide, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.

Lenders point to the increase in fraud by way of justification for the pruning – criteria have been stiffened as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.

We're in Mountain Ash, FTBs buying with a mortgage (lender is Clydesdale , and our lawyer is on the Clydesdale conveyancing panel). How long should the conveyancing process take?

The fact that your lawyer is on the Clydesdale conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.

I've recently found out that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a straight forward, no chain conveyancing. Mountain Ash is where the house is located. What do you suggest?

Flying freeholds in Mountain Ash are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Mountain Ash you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Mountain Ash may decide 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 premises.

How does the Landlord & Tenant Act 1954 impact my commercial premises in Mountain Ash and how can your lawyers assist?

The particular law that you refer to affords security of tenure to business lessees, granting the legal entitlement to make a request to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Mountain Ash is one of the hundreds of areas of the UK in which our lawyers have offices

What advice can you give us when it comes to appointing a Mountain Ash conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Mountain Ash conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Mountain Ash conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be of use:

Can they put you in touch with clients in Mountain Ash who can give a testimonial? If they are not ALEP accredited then what is the reason?

I bought a split level flat in Mountain Ash, conveyancing was carried out June 1999. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar flats in Mountain Ash with over 90 years remaining are worth £202,000. The ground rent is £60 per annum. The lease comes to an end on 21st October 2083

With just 57 years unexpired we estimate the premium for your lease extension to span between £28,500 and £33,000 plus professional fees.

The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.