We are purchasing a 1 bedroom apartment in Petersham with a mortgage. We like our Petersham conveyancer, but the lender advise she’s not on their "panel". It seems we have little option but to appoint one of the mortgage company panel solicitors or retain our Petersham conveyancing practitioner as well as pay for one of their panel firms to act for them. This feels very unfair; is there anything we can do?

Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Petersham conveyancing solicitor to apply to be on the conveyancing panel.

I had intended to instruct a property lawyer in Petersham for our home move. Our broker has since notified us that our bank Bank of Scotland won't deal with them. Why is this not regarded as unduly restrictive?

Mortgage Companies tend to restrict either the category or the number of conveyancing practices on their approved list of lawyers. A common example of such restriction(s) being that a law practice must not be a sole practitioner. In addition to restricting the type of firm, some have reduced the amount of solicitor practices they use to represent them. Be aware that Bank of Scotland have no responsibility for the quality of advice provided by any member of Bank of Scotland Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of solicitor panels since 2008 even though there remains mixed opinions concerning the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry indicate that plenty of law firms, including some in or near Petersham only carry out a couple conveyances a year.

I am assisting my mother sell her flat in Petersham. Will the solicitor arrange an energy assessment or it is for the owner to see to?

After the abolition of Home Packs, energy performance certificates was maintained a mandatory part of moving house. An EPC must be commissioned before the property is put on the market. It is not something that conveyancers normally arrange. If you are using a Petersham conveyancing solicitor they might be willing to arrange energy performance certificates due to their relationships with reputable local assessors

A colleague advised me that in purchasing a property in Petersham there may be various restrictions preventing external changes to the property. Is this right?

There are a number of properties in Petersham which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Petersham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

We are planning to move property in September. Should my conveyancing solicitor call the removal company on the day of completion. Incidentally, can you put forward a removal company in Petersham. Conveyancing lawyer was chosen prior to coming across this site.

On the day of completion you can collect the keys from your property agent but this should only occur when the sellers solicitors inform the agent that the monies to complete are in and the keys can be released. You should advise the removal company that they can start moving you in. As a matter of policy we do not suggest a specific removal company but can help you locate a residential property solicitor in Petersham or a solicitor that specialises in conveyancing in Petersham.

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Petersham is where the house is located. Can you shed any light on this issue?

Flying freeholds in Petersham are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Petersham you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Petersham 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 residence.

Completion is due on the sale of our £125,000 maisonette in Petersham in just under a week. The landlords agents has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Petersham?

Petersham conveyancing on leasehold maisonettes often involves the purchaser’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be willing to assist. They are entitled to charge a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee levied by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, otherwise the invoice is not strictly payable. In reality you have no option but to pay whatever is demanded should you wish to complete the sale of your home.

I am the leaseholder of a first flat in Petersham. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount due for a lease extension?

in cases where there is a missing freeholder or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to decide the amount due.

An example of a Lease Extension matter before the tribunal for a Petersham premises is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The unexpired term as at the valuation date was 60.45 years.