My fiance and I are planning to purchase a house in Pickering and have instructed a Pickering conveyancing practice. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Halifax have this afternoon contacted us to advise us that they have now hit a problem as our Pickering lawyer is not on their approved list of lawyers. Please explain?

When purchasing a property with the benefit of a mortgage it is normal for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel as you are at liberty to use your preferred Pickering lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.

Is there a reason why leasehold purchase conveyancing in Pickering is more expensive?

Pickering leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.

We wanted to use a property lawyer in Pickering for our house move. Our broker informed us that our mortgage lenders Bank of Scotland won't deal with them. Why is this not regarded as unduly restrictive?

Banks tend to restrict either the type or the amount of conveyancing practices on their panel. Typical examples of such criteria being that a law practice must not be a sole practitioner. In addition to restricting the profile of firm, some have limited the number of firms they allow to act for 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 key driver in the rationalisation of solicitor panels since 2008 even though there remains differing views concerning the extent of solicitor engagement in some of that fraud. Data from the Land Registry indicate that thousands of law firms, including some in or near Pickering only conduct very few conveyances a year.

Due to the encouragement of my in-laws I had a survey completed on a property in Pickering in advance of instructing lawyers. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some mortgage companies will not grant a loan on a flying freehold house.

It varies from the lender to lender. HSBC has different instructions for example to Nationwide. Should you wish to call us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Pickering. Conveyancing may be slightly more expensive based on your lender's requirements.

I only have Fifty years remaining on my lease in Pickering. I now want to get lease extension but my freeholder is can not be found. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the lessor. On the whole a specialist would be useful to try and locate and to produce an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the application to the County Court overseeing Pickering.

Pickering Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

How many of the leaseholders are in arrears for their service charge payments? You should be aware if it is no more than eighty years it will have adverse implications on the value of the flat. It is worth checking with your bank that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will most likely require a lease extension sooner rather than later and it is worth finding out how much this would cost. For most Pickeringlease extensions you would be be obliged to have been the owner of the residence for 24 months before you are legally able to extend the lease. What prohibitions exist in the Pickering Lease?