Our Queenborough solicitor has spotted a discrepancy when comparing the surveyor’s assumptions in the home valuation report and what is in the legal papers for the property. My lawyer has advised that he is duty bound to ensure that the lender is happy with this discrepancy and is content to go ahead. Is my solicitor’s stance legitimate?

Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.

Will my lawyer be asking questions regarding flooding as part of the conveyancing in Queenborough.

Flooding is a growing risk for lawyers dealing with homes in Queenborough. Some people will buy a property in Queenborough, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not qualified to offer advice on flood risk, however there are a number of checks that can be carried out by the purchaser or on a buyer’s behalf which should figure out the risks in Queenborough. The standard completed inquiry forms given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) includes a usual inquiry of the seller to discover whether the premises has historically flooded. If the property has been flooded in past which is not revealed by the seller, then a buyer could commence a legal claim for losses as a result of such an inaccurate answer. The purchaser’s conveyancers will also order an environmental search. This should higlight whether there is any known flood risk. If so, more detailed inquiries should be conducted.

I used Wolstenholmes several years ago for my conveyancing in Queenborough. Now, I need the files but the law firm is no longer operating. What do I do?

You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Queenborough of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

The estate agent has sent us the confirmation of our purchase of a new build flat in Queenborough. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Queenborough

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?

Do you have any advice for leasehold conveyancing in Queenborough with the aim of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Queenborough can be bypassed where you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information needed by the buyers’ solicitors.
In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Queenborough state that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the approvals in place do not communicate with the landlord without contacting your solicitor before hand. If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled. If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Arranging a replacement share certificate can be a lengthy process and frustrates many a Queenborough conveyancing transaction. Where a duplicate share is needed, do contact the company officers or managing agents (if applicable) for this as soon as possible. Some Queenborough leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.

Leasehold Conveyancing in Queenborough - Sample of Questions you should ask Prior to buying

Is the freehold owned collectively by the tenants? Does the lease have onerous restrictions?