My partner and I are looking to acquire a property in West Byfleet and have appointed a West Byfleet conveyancing firm. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Accord Mortgages Ltd have this morning contacted us to advise us that they have now hit a problem as our West Byfleet solicitor is not on their approved list of lawyers. Please explain?

Where you are buying a property with the assistance of a mortgage it is usual for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own West Byfleet solicitors, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.

How does conveyancing in West Byfleet differ for new build properties?

Most buyers of new build premises in West Byfleet contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is completed. This is because new home sellers in West Byfleet usually acquire 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 conveyancers 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 West Byfleet or who has acted in the same development.

I opted to have a survey completed on a house in West Byfleet prior to instructing lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders will not grant a mortgage on such a house.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in West Byfleet. Conveyancing may be slightly more expensive based on your lender's requirements.

I am intending to rent out my leasehold flat in West Byfleet. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease governs relations between the freeholder and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in West Byfleet do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

West Byfleet Leasehold Conveyancing - Sample of Questions you should ask before buying

If a West Byfleet lease has less than 80 years it will impact the value of the flat. It is worth checking with your mortgage company that they are content with residual term of the lease. Leases with less than 80 years remaining means that you will almost definitely need a lease extension at some point and it is worth discovering how much this would cost. Remember, in most cases you will be required to have owned the residence for 24 months in order to be entitled to extend the lease. What is the the remaining lease term? You should want to discover as much as you can regarding the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day matters like the upkeep of the communal areas. Enquire of prospective neighbours if they are happy with their service. Finally, be sure you understand the dates that the maintenance fees are due to the managing agents and specifically how they are spending that money.

I am thinking of appointing a web based lawyer ahead of a West Byfleet conveyancing practice. Am I making a mistake?

There are advantages of being able to attend a local West Byfleet conveyancing solicitor for example

• signing papers same day
• having one on one explanations of things you don't understand
• the ability to raise concerns if matters need to addressed

When comparing estimates, look out for hidden extras. Most decent West Byfleet high street solicitors give an all-inclusive figure. Often online agents appear to offer discounted prices, but have burried 'extras' in the fine print.