Our bank has suggested solicitors on their panel based in Victoria but I would rather use a conveyancing lawyer in Victoria local to me. Can you help?

The minority of Victoria conveyancing practices are approved and listed on all banks conveyancing panel. Do make use of our search tool to locate a Victoria conveyancing firm on the on the mortgage company panel.

We previously appointed solicitors with offices in Victoria on the Bank of Ireland solicitor panel. They are now charging me a further charge for dealing with the Bank of Ireland mortgage. Is this an additional conveyancing fee specified by Bank of Ireland?

Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitor can levy a fee for this. This fee is not set by Bank of Ireland but by your Victoria lawyer. Plenty of firms on the Bank of Ireland panel will levy an ‘acting for lender’ fee but some firms incorporate it on their overall fee.

My husband and I have arranged a further advance on our mortgage from Clydesdale as we want to carry out improvements to our house in Victoria. Do we need to appoint a nearby Victoria solicitor on the Clydesdale conveyancing panel to deal with the legals?

Clydesdale would not normally require a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Clydesdale list.

I have decided to exercise my right to buy my property in Victoria off the council. I have a mortgage agreed with HSBC. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with HSBC, you will need to appoint a solicitor on the HSBC conveyancing panel.

Will our lawyer be raising questions regarding flooding as part of the conveyancing in Victoria.

Flooding is a growing risk for solicitors specialising in conveyancing in Victoria. Some people will buy a property in Victoria, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that may be initiated by the buyer or by their lawyers which should figure out the risks in Victoria. The standard completed inquiry forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to find out if the premises has ever been flooded. In the event that flooding has previously occurred which is not notified by the owner, then a purchaser may bring a claim for damages as a result of such an incorrect reply. The purchaser’s solicitors may also carry out an enviro search. This will reveal if there is a recorded flood risk. If so, additional inquiries will need to be initiated.

My husband and I are 17 days into a residential purchase having been recommend to a firm by the local agent to execute conveyancing in Victoria. I am am extremely dissatisfied with the quality of service. Can you help me find new solicitors?

They would have to be very poor to suggest diss instructing them. Has your mortgage offer been sent? In the event that it has you need to make them aware of the new contact details and ensure the mortgage documents are issued to the new lawyers. The solicitor ideally should be on the mortgage company approved list to avoid escalating expenses and complications. So that should be your starting point. Our search tool can help you find a lender approved lawyer for your conveyancing in Victoria

Expecting to sign contracts shortly on a leasehold property in Victoria. Conveyancing lawyers assured me that they are sending me a report tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Victoria should include some of the following:

Repair and maintenance of the premises Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? Whether the lease restricts you from letting out the property, or having a home office for business Does the lease require carpeting throughout thus preventing wood flooring?

We have reached the end of our tether in negotiating a lease extension in Victoria. Can the Leasehold Valuation Tribunal adjudicate on premiums?

in cases where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to determine the price payable.

An example of a Lease Extension matter before the tribunal for a Victoria property is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case was in relation to 2 flats. The unexpired residue of the current lease was 56 years.