My partner and I are purchasing a ground floor flat in West Byfleet. My lawyer is not on the lender conveyancing panel. Is it possible for me to use my West Byfleet conveyancing solicitor even though they are excluded from the mortgage company list of approved lawyers?

One must use a property lawyer to deal with the formalities when you need a mortgage to buy your home. They will carry out all the relevant investigations on the property, make sure that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is in order. You could select a West Byfleet conveyancer of your choice. However, if the solicitor appointed is not on the bank approved list supplemental charges will arise as separate legal representation will be need by the mortgage company. Lender panel applications can be submitted, so provided your solicitor has not historically sought membership they should do so.

My wife and I are selling our house in West Byfleet and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A high street West Byfleet conveyancer would know that there is no such problem. For the life of me I don't know why the buyers are using a web based conveyancing firm rather than a conveyancing solicitor in West Byfleet. We have lived in West Byfleet for 4 years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain confirmation need.

It would appear that you have a conveyancing solicitor already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)

I'm buying my first flat in West Byfleet with a loan from Aldermore. The builders refused to reduce the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep told me not reveal to my conveyancer about the side-deal as it would impact my loan with the lender. Is this normal?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I work for a reputable estate agency in West Byfleet where we have experienced a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local West Byfleet conveyancing solicitors. Can you clarify whether the seller of a flat can start the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Leasehold Conveyancing in West Byfleet - A selection of Queries before Purchasing

What restrictions are there in the West Byfleet Lease? Is the freehold reversion owned jointly by the leaseholders? How many years are left on the lease?

My solicitors in West Byfleet have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with the lender. Is it case that being on the bank conveyancing panel they need to have retained the file for a number of years?

Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the bank Conveyancing Panel Terms. It might be worth you contacting the bank directly.