My aunt passed away last year and as sole heir and executor I was left the property in Prescot. The house had a relatively small loan left on it of around £5k. I want to have the title changed into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this allowed?

Given you intend to re-mortgage then Aldermore will require that you use a conveyancer on the Aldermore conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Aldermore conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Aldermore mortgage is registered as a charge at the Land Registry.

I'm the single beneficiary of my late grandmother’s will with all property in now in my sole name, including the my former home in Prescot. The Prescot property was put into my name in October. I want to move. I do know about the Mortgage Lenders 6 month 'rule', which means that my proprietorship could be treated the same way as though I had purchased the property in October. Do I have to wait half a year to sell?

The Council of Mortgage Lenders’ handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be affected by that. How practical a view lenders take of it, depend on the lender as this clause principally exists to capture the purchase and immediately sell or the quick reselling of property.

is it true that all Prescot conveyancing solicitors on the Barclays conveyancing panel are governed by the Solicitors Regulatory Authority?

As solicitors, in order to be on the Barclays approved list of solicitors they would need to be governed by the SRA. Some mortgage companies do permit licenced conveyancers on their panel in which case such firms would be regulated by the CLC.

I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Prescot bank branch on numerous occasions and was informed it wasn't an issue and they will lend. My Prescot conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they would not lend in accordance with their published requirements. Who do I believe?

As long as the property lawyer is on the bank approved list, she or he must adhere to the CML Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

I am looking for a ground for flat up to £245,000 and found one near me in Prescot I like with open areas and railway links in the vicinity, however it's only got 49 years unexpired on the lease. There is not much else in Prescot for this price, so just wondered if I would be making a grave error buying a short lease?

Should you need a mortgage the remaining unexpired lease term will be an issue. Reduce the offer by the amount the lease extension will cost if not already taken into account. If the current proprietor has owned the premises for at least 2 years you could ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should consult your conveyancing lawyer concerning this matter.

How can the Landlord & Tenant Act 1954 impact my commercial offices in Prescot and how can your lawyers assist?

The 1954 Act affords security of tenure to commercial tenants, granting the legal entitlement to apply to court for a renewal lease and remain in occupation when the lease comes to an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Prescot is one of the numerous areas of the UK in which our lawyers are located

I am a negotiator for a busy estate agency in Prescot where we see a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Prescot conveyancing firms. Please can you clarify whether the owner of a flat can instigate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Leasehold Conveyancing in Prescot - Sample of Questions you should ask before buying

Who are the managing agents? The best form of lease arrangement is a share of the freehold. In this situation the leaseholders benefit from control and although a managing agent is usually employed where the building is bigger than a house conversion, the managing agent is directed by the tenants. How much is the ground rent and service charge?