We are buying a 1 bedroom flat in Torfaen with a mortgage. We have a Torfaen solicitor, however the mortgage company says she’s not on their "panel". It appears that we have little choice but to select one of the mortgage company panel solicitors or keep our Torfaen conveyancer and pay for one of their panel lawyers to act for them. This feels very unfair; is there anything we can do?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Torfaen conveyancing lawyer to apply to be on the conveyancing panel.

In what way does my ID and proof of funds have anything to do with my conveyancing in Torfaen? Why is this being asked of me?

Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to check the identification documents of the person or body they are dealing with prior to agreeing to accepting their conveyancing retainer. The Terms and Conditions that you need to sign will no doubt confirm this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. Where you refuse to supply ID verification documents, your lawyer would not be able to act for you.

I am helping my mother sell her flat in Torfaen. Does the conveyancer order an EPC or it is for the owner to coordinate?

After the abolition of Home Packs, energy assessments remained a required component of moving house. An energy assessment should be to hand in advance of the property being placed on the market. It is not something that conveyancers ordinarily arrange. Where you are instructing a Torfaen conveyancing lawyer they might be willing to arrange energy assessments due to their relationships with long established local providers

The formalities of my purchase has taken place for my property in Torfaen. Conveyancing was a necessary evil but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?

All lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.

After weeks of negotiation I have agreed a price on a house in Torfaen. My financial adviser suggested a conveyancing practitioner. I paid an upfront payment of £175. A couple of days later, the solicitor contacted me sheepishly admitting that they were not on the Principality conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Principality panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

What does a local search tell me regarding the property I am buying in Torfaen?

Torfaen conveyancing often commences with the applying for local authority searches directly from your local Authority or via a personal search company for example Searchflow The local search plays an important role in most Torfaen conveyancing purchase; that is if you wish to avoid any unpleasant once you have moved into your property. The search should supply information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic sections.

Are there common deficiencies that you witness in leases for Torfaen properties?

Leasehold conveyancing in Torfaen is not unique. All leases are drafted differently and drafting errors can result in certain provisions are not included. The following missing provisions could result in a defective lease:

Insurance obligations Service charge per centages that don't add up correctly leaving a shortfall

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Skipton Building Society, and Barclays Direct all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Torfaen Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

This information is useful as a) areas could result in problems for the building as the communal areas may begin to deteriorate if services are not paid for b) if the leaseholders have a dispute with the running of the building you will need to have full disclosure Generally speaking the outlay for major works tend not to be incorporated into the service charges, albeit that there some managing agents in Torfaen ask tenants to contribute towards a sinking fund and this is used to offset against major repairs or maintenance. Its a good idea to discover as much as you can concerning the company managing the building as they can either make your life much easier or uncomfortable. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues such as the tidiness of the communal areas. Ask other tenants whether they are happy with their service. Finally, find out the dates that the service charges are due to the managing agents and precisely what you get for your money.