My conveyancer has uncovered a a problem with the lease for the flat we are buying in Whitefield. The other side have put forward title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the mortgage company ?

Even though you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the bank are the client. These conveyancing instructions must be adhered to.

I purchased a freehold premises in Whitefield but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Whitefield and has limited impact for conveyancing in Whitefield but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.

Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.

The deeds to our property can not be found. The conveyancers who dealt with the conveyancing in Whitefield 10 years ago no longer exist. What are my next steps?

As long as the title is registered the details of your proprietorship will be held by the Land Registry under a Title Number. It is easy to execute a search at the Land Registry, identify your house and order up to date copies of the property title for a small fee. Where the property is Leasehold then the Land Registry will also normally retain a file copy of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.

I'm purchasing my first flat in Whitefield with the aid of help to buy. The builders would not move on the price so I negotiated five thousand pounds worth of extras instead. The property agent advised me not reveal to my conveyancer about the deal as it will affect my loan with the lender. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the builder 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.

My uncle has suggested that I use his lawyers for conveyancing in Whitefield. Do I follow his recommendation?

There are no two ways about it it’s preferable to select a conveyancing practitioner is to seek recommendations from friends or family who have experience in using the conveyancer that you are considering.