Me and my partner are buying a 3 bedroom flat in Tarporley with a mortgage. We would like to retain our Tarporley conveyancer, however the lender says he's not on their "panel". It seems we have little choice but to appoint one of the lender panel firms or continue with our Tarporley property lawyer as well as pay for one of their panel firms to act for them. This seems very unfair; are we not able to insist that the bank use our Tarporley lawyer ?

Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Tarporley conveyancing lawyer to apply to be on the conveyancing panel.

We're in Tarporley, First time buyers buying with a mortgage (lender is Skipton , and our lawyer is on the Skipton conveyancing panel). How long should the conveyancing process take?

The fact that your lawyer is on the Skipton conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.

When it comes to mortgage companies such as Virgin Money, do Tarporley conveyancers have to pay an annual charge to be on the list of approved solicitors?

We are unaware of any bank fees to register on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.

It is not clear whether my bank requires a lease extension. I have telephoned my Tarporley bank branch on a couple of occasions and was told it wasn't a problem and they would lend. My Tarporley conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. I have no idea who is right.

The lawyer has to comply with the Council of Mortgage Lenders’ Handbook section two requirements for your 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.

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

It is probably the case that Nottingham have referred the matter to their valuer. The reason why Nottingham 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 have recently realised that I have 72 years remaining on my flat in Tarporley. I now wish to get lease extension but my freeholder is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the freeholder. For most situations an enquiry agent should be useful to carry out a search and to produce a report which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the application to the County Court overseeing Tarporley.

Leasehold Conveyancing in Tarporley - A selection of Queries before Purchasing

Who manages the building? How many years remain on the lease? Where a Tarporley lease has fewer than 80 years it will impact the salability of the property. Check with your lender that they are content with residual term of the lease. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth discovering what this will be. For most Tarporleylease extensions you will need to own the residence for two years in order to be entitled to extend the lease.

After what seems like an age I have had an offer on an flat in Tarporley agreed to, the vendor does however have a tied purchase. The current proprietors have offered on a flat, but it’s not been accepted yet, and has viewings of other properties in the pipeline. I have selected a nearby conveyancing solicitor in Tarporley. What do I do now? When should I get the mortgage application with Leeds Building Society started with Leeds Building Society?

It is understandable to have anxieties where there is a chain given your reluctance to be too out of pocket prematurely (mortgage application is approx £1k, then survey, Tarporley conveyancing search costs, etc). First, you must ensure that your solicitor is on the Leeds Building Society conveyancing panel. Concerning the next stages this very much depends on the specifics of your transaction, desire for the property and on the state of the market. During a rising market the majority of home buyers would apply for a home loan with Leeds Building Society and pay for the valuation and only if it comes back ok would they pay their property lawyer to press on with the conveyancing in Tarporley.