I am buying a property in Spital. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Coventry BS be concerned?

Given that you are obtaining a mortgage with Coventry BS your lawyer must comply with the conveyancing instructions contained in Part 2 of UK Finance Lenders’ Handbook for Coventry BS. The Council of Mortgage Lenders’ Handbook contains minimum conditions for solar panel roof-space leases, and conveyancing practitioners are required to report to Coventry BS where a lease does not meet these provisions. The provisions relate to the installation of panels on properties in England and Wales and is not isolated to Spital.

I am due to exchange contracts on my apartment. I had a double glazing fitted in May 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Kent Reliance are being problematic. The Spital solicitor who is on the Kent Reliance conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Kent Reliance are insisting on a building regulation certificate. Why do Kent Reliance have a conveyancing panel if they don't accept advice from them?

It is probably the case that Kent Reliance have referred the matter to their valuer. The reason why Kent Reliance may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Spital solicitor - who is on the Barclays conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?

Barclays will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barclays will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Spital surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

Are there restrictive covenants that are commonly picked up as part of conveyancing in Spital?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Spital. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

About to purchase a new build apartment in Spital. Conveyancing is necessary evil 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 conveyancing.

Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Spital

Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Please supply a car parking plan. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

What advice can you give us when it comes to appointing a Spital conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Spital conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Spital conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be useful:

How many lease extensions have they completed in Spital in the last twenty four months? Can they put you in touch with clients in Spital who can give a testimonial?

Leasehold Conveyancing in Spital - Examples of Questions you should consider before Purchasing

Does the lease contain onerous restrictions? Is there a share of the freehold? This information is helpful as a) areas can cause problems in the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the running of the building you will need to know about it

We own a leasehold flat in Spital. Conveyancing was completed in 2011. I have heard that I mustn’t let the lease length fall too low. Is this right?

Spital leasehold properties are for a prescribed period - normally just under one hundred years when they commenced. However a significant appartments in Spital were built or converted in the 70’s80’s and so these leases now have under eighty years remaining. This may sound like a long time however Banks, Building Societies and other mortgage institutions generally require leases to have a minimum of 75 years unexpired to be mortgageable. Accordingly when you come to sell the property you will need a lease extension if you are approaching eighty years. To increase your property value you should be considering whether to extend your lease well in advance of selling the property. There are also advantages to doing so before the lease hits eighty years as when the lease falls below eighty years the premium you have to pay to extend starts to get a lot more expensive.