Our conveyancer has discovered a a legal deficiency with the lease for the flat we are buying in Rubery. The other side have offered defective title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer has advised that he must check that the lender is content with this solution. Are we the client or is the mortgage company ?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.

Having spent time looking at online forums for an affordable lawyer in Rubery, most comment that I should instruct a CQS kitemarked lawyer. Can you explain what CQS is?

The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in home ownership transfers, trusted by some of the UK's major banks. Four years ago the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. The scheme does not cover licenced conveyancers. Rubery is one of the numerous areas of the UK where there are Accredited lawyers.

How does conveyancing in Rubery differ for new build properties?

Most buyers of new build property in Rubery contact us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is constructed. This is because developers in Rubery tend to buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Rubery or who has acted in the same development.

How easy is it to use your search facility to locate a conveyancing lawyer in Rubery on the authorised to act for my mortgage?

Step one is to choose a bank such as Yorkshire Building Society, Leeds Building Society or Nottingham Building Society then choose your location for instance Rubery. Conveyancing practices in Rubery and further afield will then be listed.

I've found a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Rubery. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

Most houses in Rubery are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area who can assist with the conveyancing process. It is clear that you are purchasing in Rubery in which case you should be shopping around for a Rubery conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should report to you on the legal implications.

Rubery Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

How much is the maintenance charge and ground rent on the property? What is the length of the lease? Is anyone aware of any major works in the planning that will likely increase the service costs?