My solicitor has discovered a defect with the lease for the apartment we are purchasing in Ashington. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our conveyancer says that he must check that the mortgage company is happy with this solution. Who is the client here, us or the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.

Please help - my lawyer says that lack of right of way insurance is needed on my purchase. What is the level of cover for Ashington conveyancing?

The right level of lack of right of way indemnity insurance should be dictated by who your lender. It would differ for example between Halifax and Chelsea Building Society. Conveyancing practitioners as opposed to borrowers take out such policies.

Is it correct that all Ashington CQS (Conveyancing Quality Scheme) solicitors are on the UBS conveyancing list of approved firms?

A selection of lenders now utilise CQS as the kick off point for Panel approval such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.

We were going to get a AIP from Lloyds this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Lloyds recommend any Ashington solicitors on the Lloyds conveyancing panel, or is it better to find our own lawyer?

You will need to appoint Ashington solicitors independently although you'll need to choose one on the Lloyds conveyancing panel. The solicitor represents both you and Lloyds through the process.

The estate agent has sent us the confirmation of our purchase of a new build flat in Ashington. Conveyancing is a frightening process 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 legal work.

Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Ashington

Forfeiture - bankruptcy or liquidation must not apply under this provision. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?

As co-executor for the will of my uncle I am disposing of a property in Monmouth but I am based in Ashington. My lawyer (who is 260 miles awayrequires that I sign a statutory declaration prior to the transaction finalising. Could you suggest a conveyancing practitioner in Ashington who can witness this legal document for me?

strictly speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Normally any notary public or solicitor will suffice regardless of whether they are Ashington based

I only have 72 years unexpired on my lease in Ashington. I now wish to get lease extension but my freeholder is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you have used your best endeavours to locate the freeholder. On the whole an enquiry agent would be helpful to try and locate and prepare a report to be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court covering Ashington.

I purchased a 1 bedroom flat in Ashington, conveyancing formalities finalised half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar flats in Ashington with a long lease are worth £190,000. The ground rent is £45 invoiced every year. The lease ends on 21st October 2086

You have 62 years remaining on your lease we estimate the premium for your lease extension to range between £17,100 and £19,800 plus plus your own and the landlord's "reasonable" professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.