All was ready to move into my new home in Witham next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as as she informs me that she is duty bound to validate that it is in order for the lender. What risks does the mortgage company expect the insurance to cover?

Any lawyer on acting for banks would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook requirements. These obligations are not limited to conveyancing in Witham.

It is a dozen years since I bought my house in Witham. Conveyancing lawyers have just been appointed on the sale but I am unable to locate the deeds. Is this a major issue?

You need not be too concerned. Firstly there is a possibility that the deeds will be with the lender or they could be in the possession of the lawyers who handled your purchase. Secondly the likelihood is that the title will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in Witham involves registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.

We are aiming to move house in July. Should my conveyancing solicitor liaise with the removal company on the day of completion. On a separate note, can you put forward a removal company in Witham. Conveyancing firm was chosen prior to coming across your page.

On the day of completion you will need to pick up the keys from the estate agent but this can only be done once the sellers lawyers confirm to the agent that they acknowledge receipt of the completion payment and the keys can be given over. Subsequently you will need to advise the removal men that you are ready to move in. We do not suggest a particular removal company but can assist you in finding a conveyancing in Witham or a legal practice that specialises in conveyancing in Witham.

Is it the case that all Witham CQS (Conveyancing Quality Scheme) solicitors are on the Barclays conveyancing panel?

It is true that some banks and building societies now utilise the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of firms.

is it true that all Witham conveyancing solicitors on the UBS conveyancing panel are governed by the SRA?

As a firm of solicitors, in order to be on the UBS approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. The majority of lenders do permit licenced conveyancers on their panel and in that case the practice would be regulated by the CLC.

I am buying a new build apartment in Witham. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Witham

If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.

Last October I purchased a leasehold property in Witham. Do I have any liability for service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Witham Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

Are any of leasehold owners in arrears of their service charge payments? This question is useful as a) areas can cause problems for the block as the common areas may start to deteriorate if repairs remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to have all the details Does this lease have more than 85 years remaining?